Voidable Marriages (Article 45 to 54)

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Art. 45. A marriage may be for any of the following causes, existing at the :

(1) That the party in whose behalf it is sought to have the marriage annulled was of age or over but below , and the marriage was solemnized without the , guardian or person having over the party, in that order, unless after attaining the age of twenty-one, such party with the other and both lived together as husband and wife;

(2) That either party was of , unless such party after , freely cohabited with the other as husband and wife;

(3) That the consent of either party was , unless such party afterwards, with constituting the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or , unless the same having , such party thereafter freely cohabited with the other as husband and wife;

(5) That either party was of consummating the marriage with the other, and such incapacity continues and appears to be ; or

(6) That either party was afflicted with a found to be and appears to be incurable.

Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:

(1) Non-disclosure of a previous conviction by of the other party of a crime involving ;

(2) Concealment by the wife of the fact that , she was pregnant by a man other than her husband;

(3) Concealment of sexually transmissible disease, , existing at the time of the marriage; or

(4) Concealment of drug addiction, , or homosexuality or lesbianism existing at the time of the marriage.

No other as to character, health, rank, fortune or shall constitute such fraud as will give grounds for action for the annulment of marriage.

Art. 47. The action for must be filed by the following persons and within the periods indicated herein:

(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within , or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of ;

(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other's ; or by any relative or guardian or person having legal charge of the insane, at any time , or by the insane spouse during a or after regaining sanity;

(3) For causes mentioned in number 3 of Article 45, by the injured party, within ;

(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force, intimidation or undue influence ;

(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within .

Art. 48. In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to between the parties and to take care that evidence is not .

In the cases referred to in the preceding paragraph, no judgment shall be based upon a stipulation of facts or .

Art. 49. During the pendency of the action and in the absence of adequate provisions in a between the spouses, the Court shall provide for the support of the spouses and the custody and support of their common children. The Court shall give to the moral and material welfare of said children and their with whom they wish to remain as provided for in Title IX. It shall also provide for appropriate of the other parent.

Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by Article 44 shall also apply in the proper cases to marriages which are or annulled by final judgment under Articles 40 and 45.

The final judgment in such cases shall provide for the liquidation, of the properties of the spouses, the custody and support of the common children, and the delivery of their , unless such matters had been adjudicated in previous judicial proceedings.

All of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation.

In the partition, the , shall be adjudicated in accordance with the provisions of Articles 102 and 129.

Art. 51. In said partition, the value of the of all common children, computed as of the date of the , shall be delivered in cash, property or sound securities, unless the parties, by , had already provided for such matters.

The children or their guardian or the trustee of their property may ask for the .

The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the of the children accruing upon the death of either or both of the parents; but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as .

Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, .

Art. 53. Either of the former spouses may marry again after of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.

Art. 54. Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become shall be considered . Children conceived or born of the subsequent marriage under Article 53 shall likewise be .

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