17 Questions
What is the consequence of a defect in any of the essential requisites of marriage?
The marriage is voidable
What is the legal requirement for the contracting parties in a marriage?
They must be a male and a female
What is the consequence of a vitiation of consent due to mistake, violence, intimidation, undue influence, or fraud?
The marriage is voidable
Who is liable for an irregularity in the formal requisites of marriage?
The party or parties responsible for the irregularity
What type of contract defects are not applicable to marriage?
Unenforceable and rescissible contracts
What is the result if any of the essential requisites of marriage are absent?
The marriage is void ab initio.
What is necessary for the validity of a marriage?
Both the essential and formal requisites.
What happens to a contract if any of its requisites are absent?
The contract is void.
What is the purpose of the solemnizing officer in a marriage ceremony?
To perform the marriage ceremony.
What is the result if a marriage license is absent, except in certain cases?
The marriage is void.
What is necessary for the validity of a contract?
All of the above.
What is the effect of the absence of any of the essential or formal requisites of a valid marriage?
The marriage is void ab initio.
Which of the following marriages are void from the beginning?
Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith.
What is the effect of a defect in any of the essential requisites of a valid marriage?
The marriage is voidable.
What is the effect of an irregularity in the formal requisites of a valid marriage?
The marriage is valid but the parties are liable.
What is the minimum number of witnesses required for a marriage ceremony?
Two witnesses of legal age.
Who is liable for an irregularity in the formal requisites of a valid marriage?
The party or parties responsible for the irregularity.
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
Test your knowledge on the essential requisites of marriage and the consequences of defects or irregularities in the contract. Learn about the differences between voidable and void marriages, and the liabilities of parties involved.
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