An Act to Amend Section 685 of Act No. 190, Known as the Code of Civil Procedure
Act No. 3176, approved on November 24, 1924, amends Section 685 of the Philippine Code of Civil Procedure regarding the liquidation of community property upon the death of a spouse. It mandates that community property must be inventoried, administered, and liquidated during the testamentary or intestate proceedings of the deceased, or through an ordinary liquidation and partition unless all parties choose an extrajudicial process. The act specifies that any sale of community property to settle debts must adhere to formal procedures outlined in the Code, rendering any unauthorized transactions null and void. Additionally, all conflicting laws are repealed, and the act takes effect upon approval.
Quick Answers
- What is An Act to Amend Section 685 of Act No. 190, Known as the Code of Civil Procedure about?
- Act No. 3176, approved on November 24, 1924, amends Section 685 of the Philippine Code of Civil Procedure regarding the liquidation of community property upon the death of a spouse. It mandates that community property must be inventoried, administered, and liquidated during the testamentary or intestate proceedings of the deceased, or through an ordinary liquidation and partition unless all parties choose an extrajudicial process. The act specifies that any sale of community property to settle debts must adhere to formal procedures outlined in the Code, rendering any unauthorized transactions null and void. Additionally, all conflicting laws are repealed, and the act takes effect upon approval.
- What type of law is Act No. 3176?
- An Act to Amend Section 685 of Act No. 190, Known as the Code of Civil Procedure (Act No. 3176) is a Philippine Statutes enacted by the Congress of the Philippines.
- When was An Act to Amend Section 685 of Act No. 190, Known as the Code of Civil Procedure enacted?
- An Act to Amend Section 685 of Act No. 190, Known as the Code of Civil Procedure (Act No. 3176) was enacted on Nov 24, 1924.
- What is the citation for An Act to Amend Section 685 of Act No. 190, Known as the Code of Civil Procedure?
- An Act to Amend Section 685 of Act No. 190, Known as the Code of Civil Procedure, Act No. 3176, Nov 24, 1924 (Philippines)
Law Information
- Reference Number
- Act No. 3176
- Date Enacted
- Category
- Statutes
- Subcategory
- Acts
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
November 24, 1924
ACT NO. 3176
AN ACT TO AMEND SECTION SIX HUNDRED AND EIGHTY-FIVE OF ACT NUMBERED ONE HUNDRED AND NINETY, KNOWN AS THE CODE OF CIVIL PROCEDURE, ESTABLISHING A NEW PROCEDURE FOR THE LIQUIDATION OF THE COMMUNITY PROPERTY WHEN THE MARRIAGE IS DISSOLVED BY THE DEATH OF THE HUSBAND OR WIFE, AND FOR OTHER PURPOSES
SECTION 1. Section six hundred and eighty-five of Act Numbered One hundred and ninety, known as the Code of Civil Procedure, is hereby amended to read as follows:
"SEC. 685. When the marriage is dissolved by the death of the husband or wife, the community property shall be inventoried, administered, and liquidated, and the debts thereof shall be paid, in the testamentary or intestate proceedings of the deceased spouse, in accordance with the provisions of this Code relative to the administration and liquidation of the estates of deceased persons, or in an ordinary liquidation and partition proceeding, unless the parties, being all of age and legally capacitated, avail themselves of the right granted to them by this Code of proceeding to an extrajudicial partition and liquidation of said property.
"In case it is necessary to sell any portion of said community property in order to pay the outstanding debts and obligations of the same, such sale shall be made in the manner and with the formalities established by this Code for the sale of the property of deceased persons. Any sale, transfer, alienation or disposition of said property effected without said formalities shall be null and void, except as regards the portion that belonged to the vendor at the time the liquidation and partition was made."
SECTION 2. All acts and other provisions of law inconsistent herewith are hereby repealed. SDITAC
SECTION 3. This Act shall take effect on its approval.
Approved, November 24, 1924.
Cite This Law
An Act to Amend Section 685 of Act No. 190, Known as the Code of Civil Procedure, Act No. 3176, Nov 24, 1924 (Philippines)
An Act to Amend Section 685 of Act No. 190, Known as the Code of Civil Procedure, Act No. 3176 (Phil. 1924)
Related Laws
- Amendment to Act No. 190 (Code of Civil Procedure)Act No. 3504 • Dec 8, 1928 • Statutes
- An Act to Amend Section 714 of Act No. 190Act No. 2884 • Feb 24, 1920 • Statutes
- Amendment to Sec. 776 of Act No. 190 (Code of Civil Procedure)Act No. 4229 • Aug 12, 1935 • Statutes
- Amendment to Sec. 32 of Act No. 190 (Code of Civil Procedure)Act No. 3794 • Dec 2, 1930 • Statutes
- Amendments to Act No. 190 (Code of Civil Procedure)Act No. 3531 • Sep 28, 1929 • Statutes
- An Act to Amend Section Seventy-Eight of the Code of Civil Procedure, as Amended by Act Numbered Twenty-One Hundred and ElevenAct No. 3171 • Oct 30, 1924 • Statutes
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