Family Code Flashcards
Recite Art 1 of the Family Code
Article 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fi x the property relations during the marriage within the limits provided by this Code. (52a)
Recite Art 2 of the Family Code
Art. 2. No marriage shall be valid, unless these essential requisites are present: (1) Legal capacity of the contracting parties who must be a male and a female; and (2) Consent freely given in the presence of the solemnizing officer. (53a)
What are the essential requisites of a valid marriage as laid down in art 2 of the family code
(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing offi cer.
What are the formal requisites of a marriage as laid down in art 3 of the family code?
Art. 3. The formal requisites of marriage are: (1) (2) Authority of the solemnizing offi cer; A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing offi cer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.
What does Legal Capacity of the Contracting Parties mean?
(a) This means that the parties must have the necessary age or the necessary consent of parents in certain cases.
(b) There must be no impediment caused by a PRIOR EXISTING MARRIAGE or by CERTAIN RELATIONSHIPS by affi nity (law) or consanguinity (blood).
What does consent freely given mean?
- “Consent’’ refers to the consent of the contracting parties, not parental consent. Parental consent is in connection with requisite No. 1 referring to legal capacity.
- Consent is required because marriage is a contract, a voluntary act.
- If there is consent, but it is VITIATED by error, fraud, intimidation, force, etc., the marriage is not void; it is merely VOIDABLE, i.e., valid until annulled.
- If there is absolutely no consent, or when the parties did not intend to be bound, as in the case of a JOKE or in the case of a STAGE or MOVIE PLAY, the marriage is VOID.
Recite art 4 of the family code.
Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35(2). A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45. An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (n)
