1. Concept 1) Impugn – means “to assail by words or arguments”. (Merriam-Webster Online Dictionary) 2) Legitimacy – means “the quality or state of being legitimate”. (Merriam-Webster Online Dictionary) 3) Impugning legitimacy – refers to the act of assailing or questioning the status of children as to whether they are marital or nonmarital children. a….
1. Grounds a. Spouse becomes a guardian of the other Art. 142. The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse: (1) When one spouse becomes the guardian of the other; x x x 1) This provision means that if one spouse is…
1. Grounds a. Civil interdiction termination Art. 141. The spouses may, in the same proceedings where separation of property was decreed, file a motion in court for a decree reviving the property regime that existed between them before the separation of property in any of the following instances: (1) When the civil interdiction terminates; x…
1. Rights and Obligations a. To live together Art. 68. The husband and wife are obliged to live together x x x 1) As expressed in Article 6845 of the Family Code, the marital covenants include the mutual obligations of husband and wife to live together, observe love, respect and fidelity and to help and…
1. Family Domicile Art. 69. The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide. x x x 1) Article 69 of the Family Code… took away the exclusive right of the husband to fix the family domicile [under the Civil Code] and gave it jointly to the…
1. Effects of Annulment of Marriage a. Re-marriage Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void. Related provision: Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and…
1. Procedure for Annulment of a Voidable Marriage a. Who may file; Prescription Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods indicated herein: (1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his…
Article 393. Whoever claims a right pertaining to a person whose existence is not recognized must prove that he was living at the time his existence was necessary in order to acquire said right. (195) Article 394. Without prejudice to the provision of the preceding article, upon the opening of a succession to which an…
Concept: Retroactivity. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws. (Article 256, Family Code) Concept: Vested right. A vested right is one whose existence, effectivity and extent do not depend upon events foreign to the will…
1. GENERAL PROVISIONS Scope and extent of parental authority. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and…