Rights and Obligations Flashcards
What are the obligations of the husband and wife? (6)
- Live together
- Observe mutual Love, respect and fidelity
- Render mutual Help and support
- Management of the Household
- Fix the family Domicile
- Joint responsibility for the Support of the
family
L2H2DS - Live, Love, Help, Household, Domicile, Support
What is the rule on fixing the family domicile under Art. 69 of the FC?
General rule: The husband and wife shall fix the
family domicile
Exception: In case of disagreement, the court shall
decide.
The sources for support and management of household (3)
- From the community property
- In the absence thereof, from the income or
fruits of the separate properties - In case of insufficiency or absence thereof,
from their separate properties
Under Art. 72 of the Family Code, when may a spouse bring an action in court?
When one of the spouses neglects his or her
duties to the conjugal union or commits acts
which tend to bring danger, dishonor, or injury to
the other or to the family, the aggrieved party may
apply to the court for relief.
What is the rule on profession under Art. 73 of the Family Code?
General Rule: Either spouse may exercise any
legitimate profession, business, or activity without
the consent of the other.
Exception: The other spouse may object on
valid, serious and moral grounds. In case of
disagreement, the court shall decide whether:
a. The objection is proper, and
b. Benefit has accrued to the family before or
after the objection.
Under Art. 73 of the Family Code, who bears the obligation of the benefit accrued to the family BEFORE the objection?
Resulting obligation shall be enforced against the community property.
Under Art. 73 of the Family Code, who bears the obligation of the benefit accrued to the family AFTER the objection?
Resulting obligation shall be enforced separate property of the spouse who has not obtained consent.
