Text of the provision
Art. 90. The provisions on co-ownership shall apply to the absolute community of property between the spouses in all matters not provided for in this Chapter.
(n)
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. The notation (n) indicates a new provision with no direct Civil Code antecedent.
What this article means
Article 90 is a gap-filler. The absolute community has its own detailed rules in this Chapter, but where those rules are silent, the general Civil Code provisions on co-ownership step in. It saves the Code from having to restate every ordinary rule about jointly owned property.
In practice this means concepts like each spouse's proportionate interest, and the handling of matters the Chapter does not specifically address, are read against the familiar co-ownership framework — a useful default when a novel property question arises within the community.
Related provisions
- Article 91 — what the community property consists of.
- Article 96 — joint administration of the community.
Cases interpreting this article
- Authorities on the suppletory application of co-ownership rules under Article 90 will be added here as each is verified against primary sources.