1. Concept 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 not affect the validity of the marriage but the party or parties responsible for the irregularity shall be…
1. Concept Art. 3. The formal requisites of marriage are: (1) Authority of the solemnizing officer; (2) 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 officer and their personal…
1. Concept 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) Essential requisites – are absolute requirements for the validity of a marriage….
1. Concept 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…
1. Concept 1) Under the Family Code, Chapter 2 provides for exceptional marriages, i.e., marriages that do not need a license (See Ado-An-Morimoto v. Morimoto, G.R. No. 247576, 15 March 2021, Per Leonen, J.). On the other hand, under the Civil Code, it is known as marriages of exceptional character under the Civil Code (Diaz-Salgado…
1. Concepts a. Alternative obligation ARTICLE 1199. A person alternatively bound by different prestations shall completely perform one of them. x x x (1131) (CIVIL CODE) … Alternative obligation – refers to a situation wherein an obligor is “alternatively bound by different prestations” but may choose to “completely perform one of them.” (CIVIL CODE, Article…
1. Concepts Article 1193. Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain. A day certain is understood to be that which must necessarily come, although it may not…
1. Concepts Article 1179. x x x Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event. (1113) (CIVIL CODE) Condition – means “every future and uncertain event upon which an obligation or provision is made to depend. It is a future and…
1. Concepts Article 1179. Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once. x x x (1113) (CIVIL CODE) Pure obligations – refer to obligations “whose performance does not depend upon a future or uncertain event, or upon…
Preliminary Chapter 2 on Nature and Effects of Obligations, Book IV – Obligations and Contracts, discusses the following: 1) Rights and obligations of creditors and debtors, A1163-1178 Civil Code 2) Standard of care, A1173 Civil Code 3) Negligence in performance of obligations, A1173 Civil Code 4) Fortuitous events, A1174 Civil Code 5) Breaches of obligations,…