Civil Law and Marriage Concepts

These flashcards cover key concepts relating to Civil Law and Marriage as discussed in the lecture notes.

Civil Law

The body of rules that regulates relations of assistance, authority, and obedience among members of a family and society for the protection of private interests.

Civil Code

A collection of laws that regulates private relations of members of society and determines their rights and obligations with respect to persons, things, and civil acts.

Retroactive Law

A law that looks backward and affects acts or transactions that happened before the law took effect.

Marriage under the Family Code

A special contract of permanent union between a man and a woman for the establishment of conjugal and family life; it is governed by law and considered an inviolable social institution.

Sources of the Civil Code

Includes the Civil Code of Spain, other countries' codes/laws, judicial decisions, Philippine laws/statutes, works of jurists, Filipino customs, and the Code Commission.

Exceptions to Non-Retroactivity of Laws

Includes penal laws favorable to the accused, remedial/procedural laws, express provisions for retroactivity, statutes creating new rights, and curative statutes.

Essential Requisites of Marriage (Art. 2)

Legal capacity of the parties and consent freely given in the presence of the solemnizing officer.

Formal Requisites of Marriage (Art. 3)

Authority of the solemnizing officer, valid marriage license, and marriage ceremony with personal declaration before at least two witnesses.

Void Marriage

A marriage with no legal effect from the beginning, caused by absence of essential or formal requisites.

Voidable Marriage

A marriage that is valid until annulled and caused by a defect in essential requisites.

General Rule of Laws

Laws are generally prospective (not retroactive) except when stated in the law and when they do not impair vested rights.

Family Code Retroactivity

The Family Code has retroactive effect as long as no vested rights are impaired.

Quick Review Line for Marriage

Marriage needs capacity + consent + license + ceremony; below 18 or with existing marriage = VOID.