Marriage, Torts and Damages

Marriage

Is a special contract of the permanent union between a man and a woman accordance with law for the established conjugal and family life.

Legal capacity of the contracting parties who must be male and female.
Consent freely given in the presence of a solemnizing officer

Essential requites of marriage

Authority of the solemnizing officer
Valid marriage license
Must take place in the presence of the contracting parties
Not less than 2 witnesses of legal age

Formal requites of marriage

Void marriage

It is void ab initio. It is void from the very beginning and therefore no marriage legally exist

Voidable marriage

Marriage is valid until it is annulled

incestuous relationship

Relationship between ascendants and descendants of any degree and between brothers and sisters whether full or half blood

Cessante rational ipsa lex

when the reason of the law ceases, the law also ceases to exist

Sic utere tuo ut alienum non laedas

The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person.

Minority
Insanity
State of being deaf-mute
Prodigality
Civil interdiction

What are the restrictions/ limitations to capacity to act?

Property

things which are susceptible to appropriation and already possessed and found in the possession of man

Movable
Immovable

Two classification of property

Ownership

Right to enjoy and dispose of a thing.

Possession

Is the holding of a thing or the enjoyment of a right

Contract

meeting of the minds between 2 persons whereby one binds himself, with respect to the other, to give something or to render some service

Consent
Subject matter
Consideration

Elements of a contract

law
morals
good custom
public order
public policy

Can contracting parties agree on any term or condition? • Yes, provided they are not contrary to?

Obligation

juridical necessity to give, to do or not to do.

Law
Contracts
Quasi-contracts
Acts or omissions punishable by law
Quasi-delicts

SOURCES OF OBLIGATION

Quasi-contracts

legal obligations imposed by law to prevent unjust enrichment, even in the absence of an actual agreement between parties

Suspensive obligation

type of conditional obligation where the obligation arises only upon the happening of a future, uncertain event. Until that event occurs, the obligation is not yet binding and has no effect.

Resolutory obligation

is a conditional obligation where an existing, enforceable obligation is terminated when a future, uncertain event occurs, restoring parties to their original positions

Facultative obligation

legal obligation where only one specific performance is initially agreed upon, but the obligor (the one who owes) has the right to fulfill the obligation by delivering or performing a different, substituted performance instead. Essentially, it's a single obligation with a potential substitute.