Professional Documents
Culture Documents
Print 4 - Comparative Table of Void Voidable Etc
Print 4 - Comparative Table of Void Voidable Etc
Nature/kind of attack
Who may file action
Prescription
Property Regime
Effect on legitimacy of children
Grounds
VOID
Declaration of nullity
Marriage has no legal
effect/direct or collateral
Any interested party
Co-ownership
Illegitimate except if ground is
psychological incapacity (Art. 36)
in which case same rule as ->
Gen. Rule: Mother (7 years and
below, tender years
presumption)
Xpn: if found unfit
VOIDABLE
Petition for annulment
Valid until annulled/direct only
1.
Art. 45
(1) Contracted in ages 18-21
without consent of
parents/guardians
(2) Either party was of Unsound
mind
LEGAL SEPARATION
Petition for legal separation
Marriage bonds subsists; separation of bed and
board/direct
Only the spouses
DE FACTO SEPARATION
No legal separation
ACP or CPG
Legitimate
ACP or CPG
Legitimate
(3)
(4)
(5)
(6)
Art. 36
(7) Psychologically
incapacitated
Art. 37
(8) Incestuous marriages
ascendants and
descendants; between
full and half siblings
Art. 38
(9) Void under public
policy 4th degree
collateral blood
relatives, stepparents/step-children,
parents-inlaw/children-in-law;
adopted
parents/children;
surviving spouse of
adopter/adopted child,
adopted and legitimate
children, adopted
children of same
adopter, person who
killed spouse with
intention to marry
another
Art. 44
Convalidation or revalidation
Cannot be ratified
Can be ratified:
Without parental consent; unsound
mind, fraud, force, undue influence,
intimidation by freely cohabitating;
note that the party who was in unsound
mind is the one who needs to ratify
because he was the one who was not
totally free when he gave consent
Cannot be ratified:
Physical incapacity and STD because
incurable
By cohabitating freely except in the
case of physical incapacity and STD
4CRP
C condonation
C connivance between spouses (example both
prostituted their child o.o )
C consent
C collusion (agreed to be legally separated)
R recrimination (both have dirty hands, each
party is guilty of one ground)
P prescription (5 years)