LexLociCelebrationis(Art 26,FC)

thank you for visiting my channel before we start please hit the Subscribe like and share buttons to receive notification of future presentations our topic for today is Lex loses celebraciones under article 26 of the family code first paragraph article 26 of the family code is composed of two paragraphs the first one pertains to the application of the doctrine of Lex losses celebrations on foreign marriages of Filipinos and the second paragraph to the effects of divorce obtained in foreign countries this presentation will feature only the first paragraph another presentation will be prepared featuring the second paragraph uh Lex Losi celebrations means the law of the place of Celebration if valid we are celebrated it is also valid here that is the general rule however there are exceptions to the general rule as provided under article 35 paragraphs 1 4 5 and 6 and articles 36 37 and 38 of the Family Code now let us read the first paragraph of article 26 of the Family Code article 26 all marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized and valid their assets shall also be valid in this country except those prohibited under article 35 paragraphs 1 4 5 and 6 and articles 36 37 and 38. the prohibited marriages enumerated under the exceptions are void marriages even if valid in the country where they were celebrated article 35 the following marriages shall be void from the beginning one those contracted by any party below 18 years of age even with the consent of parents or Guardians relate 35 1 to Article 2 that provides for legal capacity as a requisite of a valid marriage parental consent is required under article 14 where a Contracting party is between 18 and 21. where a minor enters into an ordinary contract for example a contract of sale the contract is only voidable or unknowable but if it is marriage contract it is void as provided in 35 paragraph one four those bigamos or polygamous marriages not falling under article 41.

article 41 a marriage contracted by any person during the subsistence of a previous marriage shall be null and void unless before the celebration of the subsequent marriage the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead in case of disappearance where there is danger of death under the circumstances set forth in the provisions of article 391 of the civil code an absence of only two years shall be sufficient for the purpose of Contracting the subsequent marriage under the preceding paragraph the spouse present must Institute a summary proceeding as provided in this code for the Declaration of presumptive death of the absentee without prejudice to the effect of reappearance of the absent spouse article 391 the following shall be presumed dead for all purposes including the division of the estate Among The Heirs one a person on board a vessel lost during a civil age or an airplane which is missing who has not been heard of for four years since the loss of the vessel or airplane two a person in the armed forces who has taken part in war and has been missing for four years and three a person who has been in danger of death under other circumstances and his existence has not been known for four years take note that under article 41 for purposes of remarriage the spouse present can secure a decree of presumptive death of the absent spouse after only two years of absence the requirements of four and two years are only for the purpose of remarriage by the spouse present for the purpose of opening his succession article 390 of the civil code provides that an absence of 10 years is required however if the absentee disappeared after the age of 75 an absence of only five years is sufficient for the purpose of opening his succession paragraph five of article 35 those contracted through mistake of one Contracting party as to the identity of the other and six those subsequent marriages that are void under article 53. for a better understanding of the Void marriage under article 53 I am reproducing here under article 52 that provides for the requisites of a valid subsequent marriage under article 53.