ART. 1386. The personal obligations of the husband can not be paid out of the fruits of the paraphernal property unless it be they were incurred for the benefit of the family.

proven that ART. 1387. The wife can not alienate, encumber, or mortgage the paraphernal property without the permission of the husband, nor appear in court to litigate with regard to the same, unless she has been judicially authorized for the purpose.

ART. 1388. When the paraphernal property, the administration of which is reserved by the wife, should consist in money or public securities or valuable personal property, the husband shall have a right to demand that said property be deposited or invested in such manner that the alienation or pledge of the same would be impossible without his consent.

ART. 1389. The husband, to whom the paraphernal property may have been delivered, shall be subject, with regard to the management of the same, to the rules established with regard to the property of the unappraised dowry.

ART. 1390. The alienation of the paraphernal property entitles the wife to demand the creation of a mortgage for the amount the husband may have received. The husband as well as the wife, in a proper case, may exercise, with regard to the proceeds of the sale, the right granted them by articles 1384 and 1388.

ART. 1391. The return of the paraphernal property, the administration of which has been turned over to the husband, shall take place in the same cases and in the same manner as that of the unappraised dowry property.

CHAPTER FIFTH.-Conjugal partnership.

SECTION FIRST.-General provisions.

ART. 1392. By virtue of the conjugal partnership the earnings or profits indiscriminately obtained by either of the spouses during the marriage shall belong to the husband and the wife, share and share alike, upon the dissolution of the marriage.

ART. 1393. The conjugal partnership shall always begin on the same day that the marriage is celebrated. Any stipulation to the contrary shall be void.

ART. 1394. This partnership can not be renounced during the marriage, except in case of judicial separation.

When the renunciation should take place by reason of a separation, or after the marriage has been dissolved or annulled, said renunciation shall be included in a public instrument, and the creditors shall have the right granted them in article 1001.

ART. 1395. The conjugal partnership shall be governed by the rules of articles of partnership in all that does not conflict with the express provisions of this chapter.

SECTION SECOND.-Property belonging to cach of the spouses.

ART. 1396. The following is the separate property of each of the

spouses:

1. That brought to the marriage as his or her own.

2. That acquired for a good consideration by either of them during the marriage.

3. That acquired by right of redemption or by exchange for other property belonging to one of the spouses only.

4. That bought with money belonging exclusively to the wife or to the husband.

ART. 1397. A person giving or promising capital to the husband shall not be subject to eviction, except in case of fraud.

ART. 1398. Property bestowed as a gift or left by will jointly to the spouses and with a designation of specified shares shall belong as dowry to the wife and as capital to the husband in the proportion fixed by the donor or testator; and, in the absence of said designation, share and share alike, without prejudice to the provisions of article 637.

ART. 1399. Should the gifts be bestowed for a valuable consideration, the amount of the charges shall be deducted from the dowry, or from the capital of the spouse who bestows them, provided they have been borne by the conjugal partnership.

ART. 1400. In case that any credit, payable within a certain number of years, or a pension for life belongs to either of the spouses, the provisions of articles 1402 and 1403 shall be observed in order to determine what constitutes the dowry and what forms the capital of the husband.

SECTION THIRD.-Property of the conjugal partnership.

ART. 1401. To the conjugal partnership belong:

1. Property acquired for a valuable consideration during the marriage at the expense of the partnership property, whether the acquisition is made for the partnership or for one of the spouses only.

2. That obtained by the industry, salaries, or work of the spouses or of either of them.

3. The fruits, income, or interest collected or accrued during the marriage, coming from the partnership property, or from that which belongs to either one of the spouses.

ART. 1402. Whenever a sum or credit, payable in a certain number of years, belongs to one of the spouses, the sums collected for installments due during the marriage shall not be partnership property, but shall be considered as capital of the husband or of the wife, according to whom the credit belongs.

ART. 1403. The right to a usufruct or pension, belonging to one of the spouses, either in perpetuity or for life, shall form part of his or her own property; but the fruits, pensions, and interest due, during the marriage, shall be partnership property.

In this provision is included the usufruct which the spouses have in the property of their children, even though they be of another marriage.

ART. 1404. The useful expenses made on behalf of the private property of either one of the spouses through advances made by the partnership or by the industry of husband or wife are partnership property.

Buildings constructed during the marriage, on land belonging to one of the spouses shall also belong to the partnership, but the value of the land shall be paid to the spouse owning the same.

ART. 1405. Whenever the dowry or the capital belonging to the husband should consist, in whole or in part, of cattle existing at the time

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of the dissolution of the partnership, the heads of cattle exceeding the number which were brought to the marriage, shall be considered as partnership property.

ART. 1406. The earnings obtained by the husband or wife by gambling, or proceeding from other causes exempt from restitution, shall belong to the conjugal partnership, without prejudice in a proper case, to the provisions of the penal code.

ART. 1407. All the property of the marriage shall be considered as partnership property until it is proven that it belongs exclusively to the husband or to the wife.

SECTION FOURTH.—Charges and obligations of the conjugal partnership.

ART. 1408. The conjugal partnership shall be liable for:

1. All the debts and obligations contracted during the marriage by the husband, and also for those contracted by the wife in the cases in which she can legally bind the partnership.

2. The arrears or interest, matured during the marriage, of obligations which affect the private property of the spouses as well as the partnership property.

3. The minor repairs or of mere preservation, made during the marriage, to the private property of the husband or the wife. Extensive repairs shall not be chargeable to the partnership.

4. Extension or minor repairs to the property of the partnership. 5. The support of the family and the education of the children in common, and of the legitimate children of one of the spouses only.

ART. 1409. The conjugal partnership shall also bear the amount of what has been bestowed as a gift or promised to the children in common by the husband, only for their establishment or for a profession, or by both spouses by common consent, should they not have agreed that it should be paid in whole or in part out of the private property of one of them.

ART. 1410. The payment of debts contracted by the husband or by the wife, before marriage, shall not be borne by the partnership.

Neither shall it bear the payment of fines or of pecuniary condemnations which may be imposed on either of them.

However, the payment of debts contracted by the husband or by the wife, prior to the marriage, and that of fines and condemnations imposed on either of them, may be claimed against the partnership property, after covering the expenses, mentioned in article 1408, if the debtor spouse should have no private capital, or were it insufficient; but at the time of the liquidation of the partnership the payments, made for the specified causes, shall be charged to said spouse.

ART. 1411. What has been lost and paid for during marriage by either of the spouses, in any kind of game whatsoever, shall not diminish his or her respective share in the partnership.

Whatever has been lost and not paid for by either of the spouses in licit games shall be charged to the conjugal partnership.

SECTION FIFTH.-Administration of the conjugal partnership.

ART. 1412. The husband is the administrator of the conjugal partnership, with the exception of what is prescribed in article 59.

ART. 1413. Besides the powers the husband has as administrator, he may alienate and encumber for a valuable consideration the property of the conjugal partnership without the consent of the wife.

Nevertheless, every alienation or agreement which the husband may make with regard to said property in contravention of this code or in fraud of the wife shall not prejudice her nor her heirs.

ART. 1414. The husband may dispose by will of his half of the property of the conjugal partnership only.

ART. 1415. The husband may dispose of the property of the conjugal partnership for the purposes mentioned in article 1409.

He may also bestow moderate gifts for objects of piety or beneficence but without reserving to himself the usufruct.

ART. 1416. The wife can not bind the property of the conjugal partnership without the consent of the husband.

The cases prescribed in articles 1362, 1441, and 1442 are excepted from this rule.

SECTION SIXTH.-Dissolution of the conjugal partnership.

ART. 1417. The conjugal partnership expires on the dissolution of the marriage or when it is declared void.

The spouse who, by reason of his or her bad faith, caused the annulment, shall not receive any share of the property of the partnership. The conjugal partnership shall also terminate in the cases mentioned in article 1433.

SECTION SEVENTH.-Liquidation of the property of the conjugal partnership.

ART. 1418. Upon the dissolution of the partnership an inventory shall immediately be made; but the same shall not be required for the liquidation:

1. When, after the partnership has been dissolved, one of the spouses or his or her legal representatives have at the proper time renounced its effects and consequences.

2. When the separation of the property may have preceded the dissolution of the partnership.

3. In the case to which the second paragraph of the preceding article refers.

In case of renunciation, the right granted creditors by article 1101 shall always be reserved.

ART. 1419. The inventory shall include specifically for the purpose of collating them the sums which, having been paid by the conjugal partnership, are to be deducted from the dowry or from the capital of the husband, in accordance with articles 1366, 1377, and 1427.

The amount of the gifts and alienations which must be considered illegal or fraudulent, in accordance with article 1413, shall also be brought to collation.

ART. 1420. There shall not be included in the inventory the effects constituting the conjugal couch ordinarily used. These effects, as well as the clothing and dresses ordinarily used by the deceased spouse, shall be delivered to the surviving one.

ART. 1421. After the inventory has been concluded the dowry of the wife shall first be liquidated and paid, according to the rules which

for its restitution are fixed in section 3, chapter 3, of this title, and subject to the provisions of the following articles.

ART. 1422. After the dowry and the parapherna of the wife have been paid, the debts, charges, and obligations of the partnership shall be paid.

If the inventoried estate should not be sufficient to satisfy all the provisions of this and the preceding article, those of title 17 of this book shall be observed.

ART. 1423. After the debts, charges, and obligations of the partnership have been paid, the capital of the husband shall be liquidated and paid, in so far as the inventoried estate may reach, making the proper deductions according to the same rules which are prescribed in article 1366, with regard to dowry.

ART. 1424. Áfter the deductions from the inventoried estate specified in the three preceding articles have been made, the remainder of the same estate shall constitute the assets of the conjugal partnership. ART. 1425. The losses or deterioration which the personal property, belonging to either of the spouses, may have suffered even though by a fortuitous event, shall be paid out of the conjugal property, should there be any.

Those suffered by the real property shall not be payable in any case, except those falling upon the dowry property and which may have been caused by the fault of the husband, and which shall be indemnified in the manner prescribed in articles 1360 and 1373.

ART. 1426. The net remainder of the partnership property shall be divided, share and share alike, between the husband and the wife, or their respective heirs.

ART. 1427. The mourning apparel of the widow shall be paid out of the estate of the inheritance of the husband, according to the provisions of article 1379. The heirs of the husband shall pay it according. to his standing and means.

ART. 1428. With regard to making the inventory, rules for the appraisal and sale of the property belonging to the conjugal partnership, guaranty and security for the respective dowries, and all other particulars, not expressly fixed in this chapter, the prescriptions of section fifth, chapter fifth, title third, book third, and sections second and third, chapter third of this title shall be observed.

ART. 1429. When the conjugal partnership is dissolved by the annulment of the marriage, the provisions of articles 1373, 1378, 1417, and 1440 shall be observed; and should it be dissolved by reason of the separation of the property of the spouses the provisions of chapter sixth of this title shall be observed.

ART. 1430. Support shall be given out of the property owned in common to the surviving spouse and to his or her children, pending the liquidation of the inventoried estate and until their share has been delivered to them, but it shall be deducted from their portion in so far as it exceeds what they should have received as fruits or income.

ART. 1431. Whenever the liquidation of the partnership property of two or more marriages contracted by the same person may have to be made simultaneously in order to determine the funds of each partnership, every kind of proof shall be admitted, in the absence of inventories, and in case of doubt, the partnership property shall be