Professional Documents
Culture Documents
09272016
ground for judicial sep includes the idea of support, parental authority, respect for spouses, etc
final decision of the case is enough
final decision = becomes executory after 15 days, assuming that the parties did not file an appeal
when there is NO other remedy available (acceptance of the party)
civil interdiction capacity is frozen, cannot exercise
declaration of absence happens before the dec of presumptive death
2 years for disappearance
5 years if administration is left with another person
the dierence: leaving the administration MIGHT leave a trace of not wanting to abandon or leave
the spouse is not bound to wait in limbo / for nothing
basically protecting the assets from creditors (purpose of judicial separation)
judicial sep will only take eect after 6 months following its publication in newspapers of general
circulation (this is to protect the creditors; applies for the liquidation of the previous property regime)
loss of parental authority MUST have been judicially declared
NOT just corporal abuse/punishment towards children
corporal punishment is based on a standard
if abuse: THERE HAS TO BE MALICE, ABUSE, BAD FAITH
legitimation happens only when the parents have the capacity to be married
abandonment Article 101; receivership is a remedy
receivership happens when someone is on the point of being bankrupt, or is already bankrupt
to protect all the parties
abuse of administrative power wilful and utter disregard of the interest of the partnership
if one is bad at business, it cannot be a ground for the separation of the partnership
separation by fact 1 year and improbable reconciliation
voluntary separation of property can only be done ONCE
separation or liquidation can be done through court assistance in cases if the spouses have not
agreed on a concrete plan regarding the separation of their property
no need for publication
not irrevocable if they did not list down the creditor because the creditors shall not be prejudiced
ACP or CPG shall support the spouse and children
recorded in the LCR AND the Registries of Property
shall take eect upon the judgment of the separation (final judgment)
CSP
can be a hybrid property regime (like some property can be part of the ACP or CPG, while the rest are
under CSP)
present or future property OR BOTH (Marriage settlement)
can be TOTAL or PARTIAL
FAMILY AS AN INSTITUTION
family in so far as there is an earnest eort to a compromise
family relations:
husband and wife
parents and children, adopted and legitimate
brothers and sisters, full or half-blood
the presence of a stranger is an exception to the requirement of an earnest eort at a compromise
no prescriptive period between the family relations
FAMILY HOME
has to be owned by at least one of the spouses
you cannot consider a rented house as a family home
modequillo VS breva
exempted from execution
if a couple cannot pay their debts, and they only have their home, it cannot be sold o by the creditor
who is suing for the repayment of the debt
exception to the exception:
non-payment of taxes
ART 159
remains as a FH as long as there are beneficiaries for 10 years
exception:
if there is a minor beneficiary even if it lapses the 10 year period
exception to the exception:
court decision brought about by a compelling reason