Family Code of the
Philippines
Title IV: Property
Relations Between Husband and Wife
Article 78. A minor who according to law may
contract marriage may also execute his or her marriage settlements, but they shall
be valid only if the person designated in Article 14 to give consent to the
marriage are made parties to the agreement, subject to the provisions of Title
IX of this Code. (120a)
·
The
age of majority today is 18. At this age, the person is no longer a minor. If
the parties are both 18years old, the marriage settlement may be executed
without parental consent. As per Article 5 of the Family Code, it states that “Any
male or female of the age of eighteen years (18) or upwards not under any of
the impediments mentioned in Articles 37 and 38, may contract marriage.
·
Please
take note that no minor can get married, otherwise it is void. The law is
repealed by R.A 6809: An act lowering the Age of Majority to 18 years
“Provides for legal emancipation at age 18;
emancipation terminates parental authority over the person and property of the
emancipated child who shall thereafter be qualified and responsible for all
acts of civil life.”
Article 79. For the validity of any marriage
settlement executed by a person upon whom a sentence of civil interdiction has
been pronounced or who is subject to any other disability, it shall be indispensable
for the guardian appointed by a competent court to be made a party thereto.
(123a)
Inter
vivos
is a legal term referring to a
transfer or gift made during one's lifetime, as opposed to a testamentary transfer
(a gift that takes effect on death) under the subject of trust.
Mortis
Causa
A phrase sometimes used in reference to a deathbed gift, or a gift causa mortis, since the giving of the gift is made in expectation of approaching death. A gift causa mortis is distinguishable from a gift inter vivos, which is a gift made during the donor's (the giver's) lifetime.
A phrase sometimes used in reference to a deathbed gift, or a gift causa mortis, since the giving of the gift is made in expectation of approaching death. A gift causa mortis is distinguishable from a gift inter vivos, which is a gift made during the donor's (the giver's) lifetime.
·
The
guardian of a person sentenced with civil interdiction (as stated in Article 34
of the Revised Penal Code) or a guardian of a person suffering from disability
must be made a party to the marriage settlement of either of such persons.
Source(s):
Family Code of the Philippines by Albano
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