Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
TOPIC
Judicial Capacity, Civil Personality and
Capacity to act
NOTES
Judicial Capacity is synonymous or
interchangeable with civil capacity. Fitness to
be a subject of legal relations, inherent,
passive and lost only during death; can exist
even without capacity to act and cannot be
restricted nor limited
Capacity to act: Power to do acts with legal
effects, active, only acquired upon reaching
legal age and can be modified or restricted;
cannot exist without juridical capacity
Birth determines the personality. Although a
child unborn has provisional capacity where
actions like support, donation or damages
may be taken provided that the child be born
afterwards
Child is considered conceived and born if:
a. Within 7 months: the baby born alive
even if it dies minutes after
b. Below seven months: baby has to be
alive for 24 hours
Caluag| AY2010-2011
MID-PC:
Minority
Insanity/Imbecility
State of being Deaf Mute
Prodigality
CASE TO REMEMBER
LIMITATIONS TO CAPACITY
Concept
Civil Interdiction
FI3TP2 A3D
Family Relations
Insanity
Imbecility
Insolvency
Trusteeship
Penalty
Prodigality
Age
Alienage
Absence
State of Being Deaf-Mute
MARRIAGE
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.(ART.1)
No contracts nor sworn affidavits may be
instituted prior marriage
Breach of Promise to marry:
ESSENTIAL REQUISITES
Caluag| AY2010-2011
Absence: VOID
Defect: Voidable
Marriages Abroad
Caluag| AY2010-2011
VOID Marriages
ART.35:
Below 18
Bigamous
License is absent
Unauthorized solemnizing officer
Article 53
Mistake of identity
Psychological incapacity (you just cant get it
up)
[see table]
Properties included
ABSOLUTE COMMUNITY OF
PROPERTY
UNDER NCC
Marriages contracted before the
family Code
Partnership
Husband only
UNDER FC
Marriages contracted before the
family Code
Partnership
Joint administration
Caluag| AY2010-2011
ABSOLUTE
COMMUNITY OF
PROPERTY
a. Default for
marriages
after Aug.3,
1988
b. Valid
Marriages
c. Voidable
Marriages
d. Marriages
under Article
40
CONJUGAL
PROPERTY OF
GAINS
a. Default for
marriages
after Aug.3,
1988
b. Valid
Marriages
c. Voidable
Marriages
d. Marriages
under Article
40
Caluag| AY2010-2011
DISSOLUTION OF PROPERTY:
JUDICIAL
FC, ART.147
SEPARATION OF
PROPERTY
a. Marriage
Includes:Wage and Salaries, Property
settlement
Acquired during marriage, Contribution of
b. Voluntary (Art.
the person staying home and taking care of
136)
home and kids (equal share)
c. InvoluntarySufficient
Cause(Art.35)
d. Art. 103/130termination by
death
e. Legal Separation
(Art.61) (Art.127
par.3)
f. Annulment
g. Nullity
Fruits are also NOT included
FC, ART.147
Apply ART.129
NOTE:
For Voluntary dissolution through Judicial Decree: It can only be done once. If ACP/CPG was regained, no more voluntary dissolution can be done
again.
ARTICLE 148
Marriages under Article 35 except nos. 3 and 6
GROUNDS SUMMARY
GROUND
1) Lack of Age (below 18)
(Art.35)
2) Absence of Marriage
License (Art.35)
3) Unauthorized
solemnizing officer
(Art.35)
Caluag| AY2010-2011
KIND OF
REQUISITE
Essential (legal
capacity)
Formal
EXCEPTIONS
Void ab initio
None
Void
Formal
Void
Essential (legal
capacity)
Essential
(consent)
6) Not Complying to
Art.53- failure to
distribute copy of
separation (Art.35)
7) Psychological Incapacity
(Art. 36)
8) Incestuous Marriage
(Art.37&38)
9) Re-appearing Spouse
(Art.41)
Essential (legal
capacity; legal
impediment)
Essential (legal
capacity)
Void
None
Void
None
none
Void
Void
Caluag| AY2010-2011
Formal
Essential
(Capacity)
Essential (legal
capacity)
None
Should not be sterility but inability to
copulate
If minor have contracted prior marriage,
consent is not a problem for subsequent
marriage
Essential
(consent)
Essential
(consent)
Essential
(consent)
Essential
(capacity)
Formal
Voidable
None
Voidable
None
Voidable
Voidable
Void
Voidable marriages are valid until an action against is filed and was affirmed.
nd
If a husband/wife wants to return to the reappearing spouse, 2 marriage is terminated upon having certificate of reappearance. The left
nd
nd
spouse of that 2 marriage may remarry without doing anything. The Children on 2 marriage remains legitimate.
nd
In cases of reappearing spouse, the law protects the 2 marriage.
Children of Defective marriages are legitimate
Articles 35 and 45 are exclusive. Hence, other than those listed, none can be a ground for void or voidable marriage as the case may be.
Caluag| AY2010-2011