Professional Documents
Culture Documents
RATIFICATION
Contracting party who failed
to obtain parental consent:
Through free cohabitation
after
attaining the age of 21.
Note: The parents cannot
ratify the marriage. The
effect of prescription on their
part is that they are barred
from contesting it but the
marriage is not yet cleansed
of its defect.
Insane spouse: Through free
cohabitation after coming to
reason.
Unsound Mind
It is essential that the mental incapacity must
relate specifically to the contract of marriage
and the test is whether the party at the time
of the marriage was capable of
understanding the nature and consequences
of the marriage.
Circumstances constituting fraud
1. Nondisclosure of conviction by final
judgment of crime involving moral
turpitude;
2. Concealment by the wife of the fact that
at the time of marriage, she was pregnant
by a man other than her husband;
3. Concealment of Sexually transmitted
disease, regardless of nature, existing at
the time of marriage;
Any relative,
guardian or person
having legal charge
of the insane
Insane spouse
Injured party: Through free
cohabitation with full
knowledge of the facts
constituting the fraud.
WHEN TO FILE
Within 5 years after
attaining the years of
21
Injured party
Injured party
Injured party
Drug Addiction
Declaration of nullity of marriage:
a. The drug addiction must amount to
psychological incapacity to comply with
the essential obligations of marriage;
b. It must be antecedent (existing at the
time of marriage), grave and incurable:
Annulment of marriage:
a. The drug addiction must be concealed;
b. It must exist at the time of marriage;
c. There should be no cohabitation with full
knowledge of the drug addiction;
Art 46
The STD is a type of
fraud
which is a ground for
annulment
Must be concealed
Need not be serious
nor
incurable
It is the concealment
that
gives rise to the
annulment
1. Judgment of annulment;
2. Partition;