AUGUST 23, 2018 PERSONS REVIEW

ART 50 refers to the effects on voidable marriages as well as void marriages under ART 40. There no problem on voidable
marriages. That ART 40 refers to 2 void marriages. Now which of the 2 void marriages will have the same effects as
provided for in ART 43 par 2,3,4 and 5. So, that would refer to the subsequent void marriage that is rendered void due to
the absence of the declaration of nullity of the previous void marriage. So, if the 2nd void marriage is terminated, the
effects would not be especially respecting the properties acquired during the marriage will not be governed by either 147
or 148. That would be governed by either the absolute community or the conjugal partnership. We’re talking about
liquidation, partition and distribution. So, if the parties entered into the ACP, then the liquidation shall be governed by art
102 of the FC and the forfeiture shall also be the same as that of art 102 par 4 of FC. Because there is forfeiture in art 147
but as I’ve said the 2nd subsequent marriage under art 40 if terminated and we talk of the properties acquired during the
marriage, that would be governed by either 102 if it is the ACP or art 129 if it is the CPG with forfeiture. And the forfeiture
shall be the forfeiture mentioned in art 43 par 2. Do you understand? So, the 1st marriage that is void under art 40 will be
governed either by 147 or 148 depending on the cause of the nullity. But the subsequent marriage shall be governed by
the provision of art 43 particularly par 2,3,4 and 5. 3 refers to the donations by reason of marriage, 4 refers to revocation,
5 refers to the disqualifications to inherit. So those are the effects. If the marriage that is void because of the absence of
declaration of the prior marriage is terminated. It is governed by art 43 par 2,3,4 and 5. Are you clarified?

And of course, there is that requirement to deliver the children’s presumptive legitimes. Which might consist of money,
property or industry. And in the event that a guardian is appointed other than the parent, then the guardian may also
demand through a writ of execution the enforcement of the delivery of the children’s presumptive legitimes. So, this is
one exception where even if the parents are still alive, the children are already entitled to receive their legitimes