Scribd
Upload
59 views6 pages

Intro To Marriage

Marriage is defined as a special contract between a man and a woman, entered into legally, to form a conjugal and family life. It is the foundation of family and governed by law. There are essential requisites for a valid marriage: legal capacity of the male and female parties and consent freely given in front of the solemnizing officer. Formal requisites include the authority of the officer, a valid marriage license, and a ceremony where the parties declare taking each other as husband and wife in front of two witnesses. Absence of essential or formal requisites makes a marriage void, while a defect in essentials makes it voidable. Irregularities in formals do not affect validity

Uploaded by

Clark
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
59 views6 pages

Intro To Marriage

Marriage is defined as a special contract between a man and a woman, entered into legally, to form a conjugal and family life. It is the foundation of family and governed by law. There are essential requisites for a valid marriage: legal capacity of the male and female parties and consent freely given in front of the solemnizing officer. Formal requisites include the authority of the officer, a valid marriage license, and a ceremony where the parties declare taking each other as husband and wife in front of two witnesses. Absence of essential or formal requisites makes a marriage void, while a defect in essentials makes it voidable. Irregularities in formals do not affect validity

Uploaded by

Clark
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 6

Marriage

What is 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, except that marriage
settlements may fix the property relations during the
marriage within the limits provided by the Family Code. 
Essential and formal requisites of Marriage?
Article 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.  

Article 3. The formal requisites of marriage are:


(1.) Authority of the solemnizing officer;
(2.) A valid marriage license; and
(3.) A marriage ceremony which takes place with the appearance of the contracting parties
before the solemnizing officer and their personal declaration that they take each other as
husband and wife in the presence of not less than two witnesses of legal age. 
When is Marriage Valid, Voidable or Void?
Article 4. The absence of any of the essential or formal
requisites shall render the marriage void ab initio.
A defect in any of the essential requisites shall render the
marriage voidable .
An irregularity in the formal requisites shall not affect the
validity of the marriage but the party or parties responsible
for the irregularity shall be civilly, criminally and
administratively liable.
Gender and Ceremony of Marriage
Article 5. Any male or female of the age of eighteen years or upwards not under any of the
impediments mentioned in Articles 37 and 38, may contract marriage.  
Article 6. No prescribed form or religious rite for the solemnization of the marriage is
required.  It shall be necessary, however, for the contracting parties to appear personally
before the solemnizing officer and declare in the presence of not less than two witnesses of
legal age that they take each other as husband and wife.  This declaration shall be contained
in the marriage certificate which shall be signed by the contracting parties and their
witnesses and attested by the solemnizing officer.
In case of a marriage in articulo mortis, when the party at the point of death is unable to
sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage
to write the name of said party, which fact shall be attested by the solemnizing officer.
Who may Solemnize Marriages?
Article 7. Marriage may be solemnized by:
(1.) Any incumbent member of the judiciary within the court's jurisdiction;
(2.) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by
his church or religious sect and registered with the civil registrar general, acting within the
limits of the written authority granted by his church or religious sect and provided that at
least one of the contracting parties belongs to the solemnizing officer's church or religious
sect;
(3.) Any ship captain or airplane chief only in the case mentioned in Article 31;
(4.) Any military commander of a unit to which a chaplain is assigned, in the absence of
the latter, during a military operation, likewise only in the cases mentioned in Article 32;
(5.) Any consul-general, consul or vice-consul in the case provided in Article 10. 

You might also like