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What is the consequence of a defect in any of the essential requisites of marriage?
What is the consequence of a defect in any of the essential requisites of marriage?
- The marriage is voidable (correct)
- The marriage is valid but the parties are liable
- The marriage is automatically annulled
- The marriage becomes unenforceable
What is the legal requirement for the contracting parties in a marriage?
What is the legal requirement for the contracting parties in a marriage?
- They must be a male and a female (correct)
- They must be at least 21 years old
- They must have a certain level of education
- They must be of the same religion
What is the consequence of a vitiation of consent due to mistake, violence, intimidation, undue influence, or fraud?
What is the consequence of a vitiation of consent due to mistake, violence, intimidation, undue influence, or fraud?
- The marriage becomes void
- The marriage is voidable (correct)
- The marriage is valid but the party responsible is liable
- The marriage is rescissible
Who is liable for an irregularity in the formal requisites of marriage?
Who is liable for an irregularity in the formal requisites of marriage?
What type of contract defects are not applicable to marriage?
What type of contract defects are not applicable to marriage?
What is the result if any of the essential requisites of marriage are absent?
What is the result if any of the essential requisites of marriage are absent?
What is necessary for the validity of a marriage?
What is necessary for the validity of a marriage?
What happens to a contract if any of its requisites are absent?
What happens to a contract if any of its requisites are absent?
What is the purpose of the solemnizing officer in a marriage ceremony?
What is the purpose of the solemnizing officer in a marriage ceremony?
What is the result if a marriage license is absent, except in certain cases?
What is the result if a marriage license is absent, except in certain cases?
What is necessary for the validity of a contract?
What is necessary for the validity of a contract?
What is the effect of the absence of any of the essential or formal requisites of a valid marriage?
What is the effect of the absence of any of the essential or formal requisites of a valid marriage?
Which of the following marriages are void from the beginning?
Which of the following marriages are void from the beginning?
What is the effect of a defect in any of the essential requisites of a valid marriage?
What is the effect of a defect in any of the essential requisites of a valid marriage?
What is the effect of an irregularity in the formal requisites of a valid marriage?
What is the effect of an irregularity in the formal requisites of a valid marriage?
What is the minimum number of witnesses required for a marriage ceremony?
What is the minimum number of witnesses required for a marriage ceremony?
Who is liable for an irregularity in the formal requisites of a valid marriage?
Who is liable for an irregularity in the formal requisites of a valid marriage?
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Study Notes
Requisites of Marriage
- A valid marriage must have both essential and formal requisites.
- The essential requisites are:
- Legal capacity of the contracting parties (male and female)
- Consent freely given in the presence of the solemnizing officer
- The formal requisites are:
- Authority of the solemnizing officer
- A valid marriage license (except in cases provided for in Chapter 2 of this Title)
- A marriage ceremony with the appearance of the contracting parties before the solemnizing officer and their personal declaration, witnessed by at least two witnesses of legal age
Effect of Absence, Defect, or Irregularity in Requisites
- Absence of any essential or formal requisite renders the marriage void ab initio, except as stated in Article 35(2).
- A defect in any of the essential requisites renders the marriage voidable as provided in Article 45.
- An irregularity in the formal requisites does not affect the validity of the marriage, but the party or parties responsible for the irregularity are civilly, criminally, and administratively liable.
Contracts
- There are different categories of defective contracts, including unenforceable and rescissible contracts, but these do not apply to marriage.
- A contract must have the following essential requisites:
- Consent
- Object (subject matter of the contract)
- Cause of the obligation
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