Académique Documents
Professionnel Documents
Culture Documents
OUTLINE
Took effect: August 30, 1950
11
12
3
4
5
6
Waiver
Invalid waiver
Unconstitutional statues
13
14
15
16
17
Hierarchy of courts
Judicial construction and interpretation of vague
provisions
Effect of judicial decisions form part of the law of the
land
Legis interpretation legis vim obtinet the
interpretation placed upon the written law by a
competent court has the force of law
When judicial decisions deemed part of the law
Duty of judges
Judicial legislation in certain circumstances, courts
18
disadvantaged
3.End view, any decision will be in consonance with
what is right and legal
25
20
Elements:
1. There is a legal right or duty
2. Which is exercised in bad faith
3. For the sole intent of prejudicing or injuring
Remedy against acts contrary to law
Willful or negligent acts punished
21
Elements
1.There is an act which is legal
2.But which is contrary to morals, good customs,
public order/public policy
3.Done with intent to injure
Unjust enrichment no person can claim what is not
validly and legally his or hers
22
23
24
Court vigilance
1.Courts must render justice
2.Be vigilant in protecting the rights of the
26
27
28
29
30
31
Unfair competition
Civil action after acquittal in a criminal case
Civil liability arising from an unprosecuted criminal
offense
Independent civil action
Civil action not arising from felony
32
41
42
Death Certificate
Death puts an end to civil personality
Of duties to public
Of duties to individual
Separate civil action for violation of constitutional rights
Good faith not a defense
Judges cannot be subjected to a liabilitycivil, criminal, or
administrativefor any of their official acts, no matter how
erroneous, so long as they act in good faith.
33
Crimes covered
34
35
36
37
38
39
40
43
44
legacy)
45
46
47
48
49
50
52
Property relations
Art. 76 : modifications in marriage settlements
Art 77: marriage settlement should be in writing..
Essential Requisites
Legal Capacity
-must not be under 18 years old
-not incentuous (37)
-not against public policy (38)
- not bigamous
TITLE I. MARRIAGE
(Art 1-55)
Consent
- freely given
-made in the present of the ASO
Formal requisites
6
7
20
21
8
22
9
23
10
11
24
12
25
13
26
14
27
15
28
16
29
17
30
18
31
19
32
33
59
34
60
35
61
36
37
62
55
56
57
58
63
64
65
66
74
67
TITLE III. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
(Art. 68- 73)
68
Domicile
70
71
Management of household
72
Legitimate profession
When can one say there is illegitimate profession?
Violation of RA 9262 (AVAWC)
General rule as to separate property liability
Exception to the rule
73
75
ACP
COG
Complete separation
Other regime
Default property regime if w/o marriage settlement : ACP
76
77
Art.66
72
73