August 14 Cases

Question 1

Article 15.

Answer 1

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.

Question 2

Lex loci celebrationis

Answer 2

“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.

Question 3

Lack of capacity to sue VS Lack of legal personality to sue

Answer 3

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.

Question 4

Article 16.

Answer 4

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.