Sunday, November 28, 2010

Important Terms in Persons.

Lex Nationalii- Citizenship is the basis for determining the personal law applicable.

Lex Rei Sitae- Law of the place where the property is situated is the basis for determining law applicable.

Lex Loci Celebrationis- Law of the place where the contract was executed is the basis for determining law applicable.

Prejudicial Question- If both criminal and civil cases are filed in court, the criminal case takes precedence.

Residence- Used to indicate a place of abode, whether permanent or temporary.

Domicile- denotes a fixed permanent residence, which when absent, one has the intention of returning.

Marriage- A special contract of permanent union between a man and a woman entered into in accordance with the law for the establishment of conjugal and family life. its nature, consequences, and incidents are fixed by law and cannot be the subject of stipulation.

Bigamous Marriages- A marriage contracted by any person during the subsistence of a previous valid marriage shall be null and void. (Gomez vs. Lipana)

Marriage settlement- It is a contract entered into by the future spouses fixing the matrimonial property regime that should govern during the existence.

Family- Basic social institution which public policy cherishes and protect hence, no suit between members of the family shall prosper unless the compromises between the parties have failed.

Family Home- is exempt from execution, forced sale or attachment.

Legitimate Children- Only those who are conceived or born during a valid marriage.

Illegitimate Children- Those conceived and born outside a valid marriage are illegitimate.





Bar examination questions and answers on the Civil code of the Philippine Islands (1902-1924) designed especially for the use of law students in their ... and preparation for admission to the bar,
Civil code of the Philippines annotated
Civil Code of the Philippines annotated: Y Edgardo L. Paras

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