(Articles 1 to 54 follows Prof. Ruben Balane's Outline)MARRIAGE
Definitions of Marriage.--
The term marriage has 2 distinct meanings. In one sense, it islimited to the procedure by w/c a man and a woman become husband and wife. In this concept, it isdefined as
"that act by which a man and a woman unite for life, with the intent to discharge towardssociety and one another those duties which result from the relation of husband and wife."
In the second sense, marriage is a status involving duties and responsibilities w/c are no longermatter for private regulations, but the concern of the State. xxx As such, it is defined as
"the civilstatus of one man and one woman, legally united for life, with rights and duties which, for theestablishment of families and the multiplication of the species, are, from time to time may thereafter be, assigned by law to matrimony."
(Balane quoted Tolentino on the meaning of marriage.)
Purposes of Marriage.--
In general: (1) reproduction, (2) education of the offspring, and (3)mutual help. The
is the constitution of a complete and perfect community bet. 2individuals of different sexes; the
is the preservation of the human race.
Art. 1. Marriage is a special contract of permanent union between a man and awoman entered into in accordance with law for the establishment of conjugal and familylife. It is the foundation of the family and an inviolable social institution whose nature,consequences, and incidents are governed by law and not subject to stipulation, exceptthat marriage settlements may fix the property relations during the marriage within thelimits provided by this Code.
Marriage a Social Institution.--
Marriage is a contract only in form, but in essence it isan institution of public order, founded on custom and morality. It is a contract
w/c cannotbe compared to any other contract.
(1) It is
in character, bec. it is established by the State independently of itsreligious aspect; (2) it is an institution of
public order or policy
, governed by rules established by laww/c cannot be made inoperative by the stipulation of the parties; (3) it is an institution of
character, bec. one of its objects is the satisfaction of the intimate sentiments and needs of humanbeings for the organic perpetuation of man.Balane: Marriage is a contract. Art. 52, NCC provides that M is not a mere contract. Art. 1, FC, on theother hand provides that M is a special contract. Both emphasize that M is not just a contract. Tolentino:
Differentiated from Ordinary Contracts:
As to parties:
Ordinary contracts (0C)may be entered into by any no. of persons, whether of the same or different sex, while marriage (M)can be entered into only by one man and one woman; (2)
As to contractual rights and obligations:
InOC, the agreement of the parties have the force of law bet. them while in M, the law fixes the dutiesand rights of the parties; (3)
As to termination:
OC can be terminated by mutual agreement of theparties, while M cannot be so terminated; neither can it be terminated even though one of the partiessubsequently becomes incapable of performing his part; and (4)
As to breach:
Breach of OC gives riseto an action for damages, while breach of the obligations of a husband or a wife does not give rise tosuch an action; the law provides penal and civil sanctions, such as prosecution for adultery orconcubinage, and proc. for legal sep.; (5)
As to effect:
OC do not create status, M does. (no. 5 wasadded by Balane.)Balane: Quite logically, marriage is the starting point of any family relation bec. in our legal system,the family is the keystone of society, the basic unit of society. And marriage is the keystone of thefamily. This is a value judgement. Marriage does not have to be the keystone of the family. But wechoose it to be that way.