Legal Aspects of Marriage, Family, and Civil Status

Posted on Jan 19, 2025 in Law & Jurisprudence

Marriage and Legal Capacity:

  • The object of marriage is the union of two individuals.
  • People with AIDS can marry.
  • Individuals under 15 years of age cannot marry.
  • Three witnesses are required for a valid marriage.
  • This chapter is not required to enter marriage.

Societies recognize marriages, and legal personality is acquired from conception.

Death and Legal Authority:

  • The forensic medical authority certifies death.
  • The judicial authority orders the adjournment of a death certificate in a crime.
  • The ministerial authority is involved in cases where prison is the home of a criminal.

Conjugal Partnership:

  • The conjugal partnership is formed by the will of the spouses.
  • Assets acquired by gift belong to the spouse.
  • Any harm to a minor must be reported to the public prosecutor.

Age and Guardianship:

  • The governor of the state grants age waivers for marriage.
  • Marriage is a type of business where children under 18 need a guardian.
  • Those expressly granted by law can demand the annulment of a marriage.

Domicile:

  • The domicile of an individual is where they reside with the intention of remaining.
  • The domicile of an incompetent is the address of their representatives.

Annulment of Marriage:

  • Heirs can continue an application for annulment of marriage.
  • Legal grounds for ending a marriage include the dissolution of marriage, the express will of the spouses, and a ruling that declared presumption of death of the absent spouse.
  • The conjugal partnership can end due to negligence, bankruptcy, or insolvency.

Legal Personality and Capacity:

Legal capacity: individuals are individuals of the human species, from birth to death. Legal status: from the moment a human being is conceived, they come under the protection of the law.

Modification and Rectification of Civil Status:

  • For amendment: when requesting a change of name or other circumstances.
  • For corrections: to amend defects or errors without altering the essence of the act.

Grounds for Annulment of Marriage:

  • Error about the person with whom it contracts.
  • Lack of required age.
  • Lack of consent.
  • The spouse can deduct only cheated three days following the date on which the notice is shall have ratified the agreement.

Divorce Agreement:

A divorce agreement includes:

  • Designation of the individual who are confined to the children of the marriage.
  • Mode of addressing the needs of children.
  • The house occupied by each spouse.
  • The amount of maintenance to a spouse must pay the other.
  • The way to manage the assets of the conjugal partnership during the procedure.

Grounds for Divorce:

  • Adultery.
  • Giving birth to a child conceived before marriage.
  • Forcing one spouse to prostitute.
  • Violence or incitement to commit a crime.
  • Acts committed to corrupt the children.
  • Chronic disease.
  • Mental alienation.
  • Separation of the marital home.
  • Cruelty, injury, threat, or serious abuse.

Interim Family Measures:

A judge issues interim family measures to:

  • Identify and ensure food for the debtor spouse and children.
  • Dictate steps to ensure no spouse is prejudiced.
  • Establish precautionary measures for pregnant women.
  • Put children in the care of a common person.
  • Set date and time of visit for the other spouse to the children.