Persons September 3, 2012 After Midterms

Factors to consider in the amount of support:

1. Capacity of the giver
2. Needs of the recipient
*The amount of the support can be changed based on the factors.
*No compulsion except for support.
Local customs will apply when the spouses entered into a marriage
settlement but it simply says that they will not be governed by
absolute community.
Different property relations:
1. Absolute community no need for marriage settlement
2. Conjugal partnership of gains
3. Complete separation of property
4. Other/combination of property relations
Petition for conversion to a different property relation
- creditors must be notified
1. Voluntary
2. Involuntary only one spouse wants the conversion
What not to stipulate
1. Property regime will start at a time other than the precise
moment of celebration of marriage
2. Substantial donations to each other
3. Execute a marriage settlement other than complete separation
of property in a subsequent marriage where properties of
previous marriage has not yet been liquidated
Subsequent marriage complete separation of properties
Elements of donation by reason of marriage (propter nuptias):
1. Made before the celebration of the marriage
2. Made in consideration of marriage
3. Made in favor of one or both spouses
Donation between future spouses, requisites:
1. A valid marriage settlement
2. A property regime other than the absolute community of
property
3. Donation must not be more than 1/5 of his/her present property
4. Donation must be accepted by the would-be spouse
5. Comply with requisites of Title III Book III of Civil Code

Third party donated no marriage valid but revocable

Spouse donated in the marriage settlement no marriage void ab
initio
Suspensive if obligation arises demandable when accomplished
Resolutory until extinguishes the obligation demandable already