Persons and Family Relations
Persons and Family Relations is a four-unit course, which mainly deals with the concept of civil personality and family matters such as marriage, annulment, voiding of marriages, adoption, property relations between spouses, parental authority, support and emancipation. Other topics include paternity and filiation, guardianship and the use of surnames. It is usually given during the first semester of a law student’s stay in college.
(After Prof. Ruiz Austria’s syllabus)
- Part 1: Course Overview and Introduction to the Civil Code and Preliminary Title
- (1) The Concept of Civil Law, Influences of Philippine Civil Law
- (2) The Effect and Application of Laws (Art. 1-18, NCC)
- (3) Human Relations (Art.19-36, NCC)
- Part 2: Introduction to the Family Code
- (4) Laws on the Family and Marriage & the concept of “Familyâ€Â
- (5) Women’s Status and Equality in Marriage and the Family : CEDAW, Art.16
- Part 3: Persons, Civil Personality & Citizenship and Domicile
- (6) Persons, Civil Personality, Natural & Juridical Persons
- (7) Citizenship & Domicile
- Part 4: Marriage, Formal and Essential Requisites
- (8) Marriage, Definition
- (9) Requisites of Marriage : Formal and Essential Requisites
- (10)Valid Marriage License; Valid Marriage Ceremony
- Part 5: Rights & Obligations between Husbands & Wives
- (11) Obligations between the Husband and Wife
- (12) The Family Home & Property Relations
- (a) Marriage Settlements, Donations
- (b) Absolute Community & Conjugal Partnership
- (c) Separation of Property and Property Relations of Unions without Marriage
- (d) The Family Home
- Part 6: Void & Voidable Marriages and Legal Separation
- (13) Lack of Essential and Formal Requisites
- (14) Psychological Incapacity
- (15) Incestuous Marriages and Marriages Void for reasons of Public Policy; Presumptive Death
- (16) Deficiency in Consent; Prohibition on Collusion
- (17) Legal Separation
- Part 7: The Family/Family Relations; Support, Parental Authority, Emancipation and Age of Majority
- (18) The Family & Family Relations
- (19) Support, Definition, Who are Entitled to Support
- (20) Amount, Liability, How to Fulfil; Non-Levy of Support
- (21) Support Pendente Lite; Reimbursement and Contractual Support
- (22) Parental Authority, Definition and Character of Responsibility; Rights and Duties
- (23) Civil Liability for Damages ; Child’s Property
- (24) Loss of Parental Authority and Substitute Parental Authority; Disciplinary Measures
- (25) Emancipation
- Part 8: Paternity and Filiation, Adoption, Summary & Judicial Provisions
- (26) Concept of Legitimacy: Legitimated Children; Extension of Legitimacy by Legal Fiction and Adopted Children
- (27) Action to Claim Legitimacy
- (28) Adoption
- (29) Summary Judicial Proceedings