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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSI. Voidable Marriages, Effects and Remedies (Family Code, arts. 45-54)

Question

III. PERSONS AND FAMILY RELATIONS: Voidable Marriages, Effects and Remedies (Family Code, arts. 45-54)

1. Clara and Juan were married in 2010. Soon after the wedding, Clara discovered that Juan had a pre-existing marriage that he did not disclose. Clara wants to know if she can obtain a nullity of marriage based on this ground. Explain the legal remedy available to Clara under the Family Code.

2. Maria and Miguel got married in 2015. After a few months of marriage, Maria found out that she was impregnated by another man and not Miguel. She wants to know if she can have her marriage to Miguel annulled on the grounds of fraud. Discuss the legal provisions and requirements for annulling a marriage based on fraud under the Family Code.

3. Sofia and Carlos got married in 2012. Five years into their marriage, Sofia discovered that Carlos was suffering from a psychological incapacity to comply with the essential marital obligations. Sofia wants to know if she can file for the annulment of their marriage based on this ground. Provide an in-depth explanation of the legal requirements and effects of annulment due to psychological incapacity.

4. Manuel and Elena entered into a marriage in 2018. However, Elena was only 16 years old at the time and got married without the consent of her parents. They now want to know if their marriage can be declared voidable based on Elena's minority and lack of parental consent. Analyze the legal provisions on the voidability of marriages due to the minority of either party and the absence of parental consent.

5. Ricardo and Andrea got married in 2012. They have been living separately for more than five years without reconciliation. Ricardo wants to know if he can file for the declaration of nullity of their marriage on the ground of psychological incapacity. Explain the legal requirements and effects of the declaration of nullity of marriage due to psychological incapacity.




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