Civil Code Art. 1490: Capacity to Buy or Sell

Statute: Civil Code
Article: Art. 1490
Topic: Capacity to Buy or Sell
Book: BOOK IV Obligations and Contracts
Title: TITLE VI SALES
Chapter: CHAPTER 2 Capacity to Buy or Sell
Formerly: Art. 1458a of the old Civil Code
Year: 1949

The provision

The husband and the wife cannot sell property to each other, except: (1) When a separation of property was agreed upon in the marriage settlements; or (2) When there has been a judicial separation of property under article 191. (1458a)

Cases applying this article

Serafin Modina v. Court of Appeals G.R. No. 109355

Related provisions in this Chapter

Civil Code, Art. 1491 Capacity to Buy or Sell

Civil Code, Art. 1490 is found in CHAPTER 2 Capacity to Buy or Sell of TITLE VI SALES of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

Browse the Civil Code

Continue your research on Intellegal

Search Philippine statutes on Intellegal →

Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.