Key Concepts in Succession Law Key Concepts in Succession Law Explore the fundamental concepts and principles of the Law of Successions. Click on any section below to learn more. 🏛️ General Considerations & Patrimony Definition of succession and the concept of patrimony. ⏳ Opening of Succession Time and place where succession begins. 💎 Inheritable Property Scope of the hereditary estate, including corporeal and incorporeal rights. 👤 Capacity to Inherit Who has the legal right to inherit. 🚫 Unworthiness to Succeed Grounds...
CHAPTER THREE EFFECTS OF MARRIAGE
Section 1. General Rules
Article 40. – Various Forms of Marriage Equivalent.
1) Marriage
produces the same legal effects whatever the form according to which it has
been celebrated.
2) No distinction shall be made as to whether the marriage has been concluded before an officer of civil status or according to the forms prescribed by religion or custom.
Article 41. – Consummation of Marriage.
The effects of marriage shall not depend on the real or presumed
consummation of the marriage.
Article 42. – (1) Contract of Marriage.
1) The spouse may,
before or on the date of their marriage, regulate by a contract the pecuniary
effects of their marriage.
2) They may also
specify in such contract their reciprocal rights and obligations in matters
concerning their personal relations.
3) Such contracts
shall not affect mandatory provisions of the law.
Article 43. – (2) Incapacity of Spouses.
1) The contract of
marriage of a judicially interdicted person shall be of no effect unless it is
entered into by the interdicted person himself and approved by the court.
2) A legally
interdicted person shall not be subject to incapacity as regards the making of
a contract of marriage.
Article 44. – (3) Forms of Contract.
A contract of marriage shall be of no effect unless made in
writing and attested by four witnesses, two for the husband and tow for the
wife.
Article 45. – (4) Deposit of Contract.
1) A copy of the
contract of marriage shall be deposited in the court or with the office of
civil status.
2) It may be freely
consulted by any one of the spouses or by persons authorized by court or by any
one of the spouses.
Article 46. – (5) Restrictions to Freedom of Contract.
1) The spouses
shall not impose an obligation upon third parties by their contract of
marriage.
2) The contract of
marriage shall be of no effect where it simply refers to local custom, religion
or lay of a country.
Article 47. – (6) Modifications to Contract of Marriage
1) Where the
interest of the family so requires, the spouses may, be agreement, modify the
terms of the contract of marriage and request the court for approval of such
modifications.
2) The court may
approve such modifications where it ascertains that it does not affect the
interest of the family.
3) Where the
modifications are approved by the court under Sub-Article (2) of this Article,
a copy of the modified contract shall be deposited in the court or with the
office of civil status.
Article 48. – (7) Legal Regime.
In the absence of contract of marriage or where the contract
of marriage is not valid under the law, the following provisions shall apply.
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