You are on page 1of 1

Article 51 of the Family Code outlines the equal responsibilities of spouses toward each other,

which include living together, showing mutual respect, staying faithful, being considerate,
acknowledging family and inheritance rights, and respecting each other's families.

In cases of separation, the value of the presumed inheritance shares of all common children,
calculated as of the date when the trial court issues its final judgment, must be provided in cash,
property, or secure assets. This is unless the parties had already made suitable arrangements
for this matter through a mutually agreed upon and court-approved agreement. The children,
their guardian, or the trustee of their assets can request the enforcement of this judgment.

It's important to note that delivering the presumed inheritance shares as mentioned above does
not affect the children's ultimate succession rights upon the death of one or both parents.
However, any properties received as part of an annulment or absolute nullity decree are
considered as advances on their inheritance.

Regarding the distinction between void and voidable marriages:


- A void marriage is essentially non-existent from the beginning, as if no marriage ever occurred.
It cannot be ratified because there's no valid marriage to validate.
- In contrast, a voidable marriage is initially valid but can be annulled by the courts. It can be
ratified or validated through the voluntary cohabitation of the spouses or by the passage of time
(prescription).

Additionally, in terms of property:


- In a void marriage, there is no community property; instead, there is a co-ownership
arrangement.
- In a voidable marriage, there is an absolute community of property unless a marriage
settlement or prenuptial agreement defines a different property system for the marriage.

You might also like