August 14 Cases Flashcards
Article 15.
Any contracting party between the ages of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage.
Lex loci celebrationis
“Law of the place of the ceremony.” It means that the validity of a contract is governed by the place where it is made, executed, or to be performed.
Lack of capacity to sue VS Lack of legal personality to sue
Lack of capacity to sue refers to the general disqualification of a plaintiff to institute an action.
Lack of legal personality to sue refers to the fact that the plaintiff is not the real party in interest.
Article 16.
In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam, or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counseling.