The provision
ARTICLE 124. The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for a proper remedy, which must be availed of within five years from the date of the contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties, the other spouse may assume sole powers of administration. These powers do not include the powers of disposition or encumbrance which must have the authority of the court or the written consent of the other spouse. In the absence of such authority or consent the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. (165a)
Key points
Article 124 vests the administration and enjoyment of the conjugal partnership in both spouses jointly. In case of disagreement, the husband's decision prevails, subject to the wife's recourse to the court within five years from the date of the contract implementing that decision.
If one spouse is incapacitated or otherwise unable to participate, the other may assume sole administration — but that power does not include disposition or encumbrance, which requires court authority or the written consent of the other spouse; without it, the transaction is void. The article is the present-regime counterpart to the older Civil Code Article 166.