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Questions and Answers
Which property regime automatically governs in the absence of a marriage settlement?
What must be demonstrated for one spouse to object to the other exercising a legitimate profession?
When can modifications to marriage settlements be considered valid?
If a benefit accrues to a family before an objection is raised by a spouse, how should the resulting obligation be enforced?
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What are future spouses permitted to agree upon in their marriage settlements?
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Which of the following regimes is mentioned as an option in marriage settlements?
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What is the consequence if marriage settlements are not registered in the local civil registry?
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Under what condition can a spouse's objection to the other's activities be considered proper?
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What must be written for an agreement concerning the absolute community of property (ACP) to be enforceable?
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What limitation applies to donations between spouses if they agree on a regime other than ACP?
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What happens to excess donations beyond one-fifth of present property made in marriage settlements?
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What governs the marriage arrangement if the marriage was celebrated before the effectivity of the Family Code (FC)?
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What requirement applies to donations propter nuptias during the effectivity of the Family Code?
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What applies if a donation propter nuptias was made before the effectivity of the Family Code?
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Which of the following statements about the enforceability of an agreement is FALSE?
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In the context of marriage settlements made with respect to property, what is a requirement for the validity of the donation?
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What governs the property relations between husband and wife if the marriage was celebrated after the establishment of the system of absolute community of property?
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What must a minor do for a marriage settlement to be valid?
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What happens to community property upon the termination of marriage by death?
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What is the time frame within which the surviving spouse must liquidate community property after the death of a spouse?
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If no judicial settlement proceeding is instituted after one spouse's death, how must the surviving spouse act regarding community property?
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What is the consequence if the surviving spouse does not liquidate the community property within the specified time frame after death?
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What governs the property relations of a subsequent marriage if the surviving spouse contracts it without compliance with previous requirements?
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For the validity of a marriage settlement executed by a person with a civil interdiction, what is essential?
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Study Notes
Marriage Settlements
- Art. 73: Either spouse can pursue a profession or business without the other’s consent, but the other spouse has the right to object on valid, serious, and moral grounds.
- Art. 76: Modifications to marriage settlements are only permissible if made before the celebration of the marriage.
- Art. 77: Marriage settlements, including modifications, must be written, signed by both spouses, and executed before the marriage. These documents must be registered in the local civil registry and property registries to be valid against third parties.
- Art. 78: Minors who can legally contract marriage can also execute marriage settlements; however, the consent of the individuals listed in Art. 14 must be obtained.
- Art. 79: Marriage settlements by individuals subject to civil interdiction or other disabilities require the participation of a court-appointed guardian.
- Art. 80: The absence of a written stipulation in a marriage settlement regarding property relations renders it unenforceable.
Property Regimes
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Art. 75: In the absence of a marriage settlement or if the agreement is void, the property regime is determined by the date of the marriage:
- Prior to August 3, 1988 (FC effectivity): Conjugal partnership of gains.
- After August 3, 1988: Absolute community of property.
- Art. 119: In their marriage settlements, spouses can agree upon absolute or relative community of property, complete separation of property, or any other regime. If no settlement exists or is deemed void, the default regime is relative community or conjugal partnership of gains. If the marriage occurs after the FC’s effectivity, the default regime becomes absolute community of property.
Donation Propter Nuptias
- Art. 84: If the agreed-upon property regime is other than absolute community of property, spouses are restricted to donating no more than one-fifth of their present property to each other through marriage settlements. Any excess is considered void.
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Formalities:
- Donations propter nuptias must comply with Arts. 748 and 749 of the NCC due to their nature as inter-vivos (taking effect during the donor and donee’s lifetime) donations.
- The formal requirements only apply to donations made after the FC’s effectivity. Donations made before the FC’s effectivity are governed by NCC provisions.
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Description
This quiz covers the key articles related to marriage settlements, outlining rights, obligations, and legal requirements involving spouses. It highlights important aspects such as the necessity of written agreements and consent of relevant parties. Test your understanding of these essential legal principles governing marital agreements.
