CHAPTER 2: ENGAGEMENT Flashcards
DEFINE ENGAGEMENT
Engagement is an agreement between two consenting adults to get married at some determined time
ENGAGEMENT AS A LEGAL CONTRACT
engagement is a contract that serves as basis of personal rights
VOID AGREEMENTS
void agreements are null & void, meaning there’s no existence of the agreement.
MATERIAL MISTAKES
- Error in persona-wrong person
2. Error in negotio-playful or one way agreement
b) VOIDABLE AGREEMENTS
an agreement is voidable when one party creates wrong and false impression w/o knowledge of the innocent
REASONS/ EXAMPLES TO RETRACT VOIDABLE AGREEMENTS
- Other party is sterile
- Suffers from disease
- Mental illness
- Drugs and alcohol addiction
INNOCENT MISREPRESENTATION
occurs when a person unknowingly conveys false information and the innocent party wouldn’t engage had they known of the fact or circumstances.
DURESS AND UNDUE INFLUENCE
when one party is forced into marriage and the other party has influence over the innocent.
COMPETENCY/CAPACITY TO ACT
two parties must be of legal age, if not, the parents need to grant consent
LAWFULNESS
both parties need to be unmarried or not yet divorced
POSSIBILITY OF PERFORMANCE
both parties need to be able to marry in time, be of age, and be of opposite sex
FUNCTIONS OF LAWFUL TERMINATION: NO CLAIM FOR DAMAGES
- Death
- Mutual agreement
- Withdrawal of parental consent
- Marriage conclusion
- Unilateral lawful repudiation.
WHEN IS IT UNLAWFUL TO REPUDIATE AN ENGAGEMENT
- Denial of agreement
- Unreasonable refusal\change of mind
- Infidelity
CLAIM FOR DAMAGES-CONTRACTUAL CLAIMS TAKE PLACE WHEN:
when the engagement has been repudiated without a just cause- meaning its unlawful.
MEANING OF CLAIM FOR SATISFACTION: NON MONETARY (NON-PATRIMONIAL)
this is a claim for damage to mental pain and suffering/wounded feelings
RECEPTION THEORY
there must be an offer and acceptance by both parties do agreement can be valid
CONTRACT SUI GENERIS
engagement contract is one of its kind
POSITIVE INTERESE
putting the wronged party in a financial or patrimonial that’s similar to one if they had been married
ACTIO INIURIARUM
protection of dignity, reputation and physical integrity
ENGAGEMENT GIFTS THAT SHOW SERIOUS INTENTION OF THE DONOR
these gifts are retained by the receiver if donor repudiates unlawfully
e.g one may keep the engagement ring
GIFTS GIVEN IN ANTICIPATION OF THE MARRIAGE
these have lasting benefit and of permanent nature like a house, car and insurance
SMALL GIFTS AS TOKEN OF APPRECIATION
these are gifts that do not usually matter and have no essence in them being returned.
UNIVERSAL RELATIONSHIPS
when unmarried intimate partners share assets
REQUIREMENTS FOR UNIVERSAL PARTNERSHIPS
both partners have to bring something of value into the relationship
the partnership business has to be carried on for joint benefits
the object of this partnership is to make profit
it can be verbal or oral, if oral then it will be TACIT
