Human Sexuality - Marriage Flashcards
A formal union and social and
legal contract between two
individuals that unites their lives
legally, economically, and
emotionally.
MARRIAGE
The ________________,
which became effective on _________,
defines Marriage as a special contract of
permanent union between a man and a
woman entered into in accordance
with law for the establishment of
conjugal and the family life.
New Family Code of the Philippines, August 3, 1998
First, the legal point of view:
posits that marriage is a contract
Second, religious point of view:
posits that marriage is a sacrament
Art.3. The formal requisites of marriage are:
- Authority of solemnizing officer
- A valid marriage license and
- A marriage ceremony which takes place with
the appearance of the contracting parties
before the solemnizing officer 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:
Art.4.
The absence of any of the essential
or formal requisites shall render the
marriage “void ab initio” (void from the
beginning)
Refers to the legal process of filing a
petition in the appropriate court
seeking a judicial declaration of
making a marriage null and
void ab initio or from the beginning
as if no marriage took place.
ANNULMENT
Art.45. Enumerates the grounds for
annulment of marriage, as follows:
- One of the contracting parties is 18
yrs. of age or over but bellow 21 and
without parental consent; - Either party was of unsound mind;
- Consent of either party was obtained
by fraud, force and intimidation;
Art.45. Enumerates the grounds for
annulment of marriage, as follows:
- Either party was physically incapable
of consummating the marriage with the
other; and - Either party was afflicted with a
sexually transmissible disease found to
be serious and incurable.
Refers to the legal process of filling a
petition in the appropriate court
seeking a judicial declaration of legal
separation for married couples.
D. LEGAL SEPARATION
Art.55. A petition for legal separation
may be filed on any of the following
grounds:
- Repeated physical violence or grossly
abusive conduct directed against the
petitioner; - Physical violence or moral pressure to
compel the petitioner, a political
affiliation;
Art.55. A petition for legal separation
may be filed on any of the following
grounds:
- Attempt of respondent to corrupt or
induce the petitioner, a common child, or
a child of the petitioner, to engage in
prostitution, or connivance in such
corruption or inducement;
Art.55. A petition for legal separation
may be filed on any of the following
grounds:
- Final judgment sentencing the
respondent to imprisonment of more than
six years; even if pardoned; - Drug addiction or habitual alcoholism
of the respondent; - Lesbianism or homosexuality of the
respondent; - Contracting by the respondent of a
subsequent bigamous marriage, whether
in the Philippines or abroad; - Sexual infidelity or perversion;
grounds: - Attempt by the respondent against the
life of the petitioner; or - Abandonment of petitioner by
respondent without justifiable cause for
more than one year.
marriage between one
man and one woman.
Monogamy
one husband and two or
more wives
Polygyny
