Civil Law (First 30)

Civil Law

A mass of precepts which determines and regulates those relations of assistance.

Civil Code

Collection of Law that regulates private relations of the members of civil society.

15 days after their publication in the Official Gazette or a major newspaper

When do laws in the Philippines take effect?

1) Complex Legal Details

2) Good Faith Errors

3) Unintentional Benefits

What are the exceptions to the ignorance of the law compliance?

1) Acts with justice

2) Give everyone his due

3) Observe honesty

4) Good faith

Standards of conduct required in exercising rights.

1) Adultery on the part of the wife and concubinage on the part of the husband

2) An attempt by one spouse against the life of the other

These are the exclusive grounds for legal separation.

Any of the following:

judges ,

mayors ,

registered priests or religious ministers ,

consuls or vice-consuls (for Filipinos abroad), and

in exceptional cases:

by ship captains ,

airplane chiefs ,

military commanders , or

tribal leaders following customary law.

Give one official who can solemnize a marriage.

male 16 female 14

Any male of ___ years or upwards, and any female of __ years or upwards, not under any legal impediments, may contract marriage.

Two (2)

How many witnesses are required for the parties to validly declare that they take each other as husband and wife?

marriage

___ is not a mere contract but an inviolable social institution.

1) Legal capacity of the contracting parties

2) Freely given consent

3) Authority of the person performing the marriage, and

4) A marriage license

What are the requisites of marriage?

at the time of death

What does in articulo mortis mean?

reconciliation

The court must take steps towards ____ of the spouses before granting legal separation. This underscores the law's preference for maintaining the marital union.

collusion

What circumstance involving mutual agreement or cooperation between spouses to fabricate grounds for legal separation results in the dismissal of the petition by the court?

Fourth (4th) civil degree of consanguinity

Under what civil degree of consanguinity are individuals prohibited from marrying their blood relatives under Philippine law?

Person

A ____ may be defined as a being physical or moral, real or juridical and legal, which is susceptible of rights and obligations, or of being subject to legal relations.

Natural Person

It is a human being with physical existence.

Juridical person

This type of person exists only in the contemplation of law.

Juridical capacity

It is the fitness to be the subject of legal relations.

Capacity to act

It is the power of one to do acts with legal effect.

By death

How can the civil personality of a natural person cease?

Birth

What determines a Natural Person?

24 hours

How long should the fetus survive in case of an intra-uterine life?

State and political subdivisions , corporations

What can be considered as Juridical Persons?

Property relations

It is a legal framework that governs the ownership, management, and division of assets between spouses

Conjugal partnership of gains / Relative community property

It is a type of property relation wherein there are certain properties that still belong to each of the spouses exclusively and over which they exercise exclusive ownership.

Absolute community of gains

It is a type of property relation wherein all property owned by spouses before and during the marriage becomes jointly owned; it can also be deemed as the automatic property relation if there is no property regime enacted.

Family

It is the basic social institution that public policy cherishes and protects.

Family home

It is the dwelling house where a person and his family reside and the land on which it is situated.

If a child is born 180 days following the celebration of marriage or 300 days following its dissolution or separation of the marriage

How can a child be considered a legitimate child?