Text of the provision

Art. 108. The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in this Chapter or by the spouses in their marriage settlements.

(147a)

Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.

What this article means

A gap-filler, like Article 90 is for the absolute community. Where this Chapter and the spouses' settlement are silent, the conjugal partnership is governed by the general Civil Code rules on the contract of partnership — but only so far as those rules do not conflict with the Chapter or the settlement.

The hierarchy is clear: the Chapter's specific rules and the marriage settlement come first; ordinary partnership law fills whatever they leave unaddressed.

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Cases citing this article

Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.