For the marriage to be valid, certain requirements must first be granted before the marriage, with all the provisions held invalid at a later date to the wedding feast, and also alteration in same opportunity. Second, the spouses must have sufficient capacity to hold the capitulations, this being the same capacity as required for marriage. Therefore, contrary would mean that he can marry, can not provide, together with the person who is going to marry, the matrimonial property regime. Third, the chapters should be properly recorded before the Real Estate Registration Office, that because such arrangements are interested not only spouses but also to third parties who may be affected by the provisions made by the future spouses. Fourth, and as essential to their validity, these chapters can not be contrary to law or public policy. The nullity of the marriage, there is more than the civil penalty imposed by the legislature, determined by the transgression of a legal provision in the act to its conclusion, which involves the removal of all or part of legal life Consider carefully the third requirement as follows: The Art.143 CC says: The marriage must be constituted by an instrument executed before a Junior Registrar before the marriage, but may be recorded in authentic document which shall be entered on the Registry Office of the Subordinate Court of the place where marriage takes place before the holding it, on pain of nullity. Such a rule would also establish that the surrender must be prior to marriage, "... under penalty of nullity" and contains, as noted, the only two forms of legal incorporation of the same, these are: a) give them the document contains them to any Junior Registrar, or, b) registering authentic document by which they intend to be recorded in the registry branch offices of the jurisdiction where the marriage will take place. Then, it is only necessary Registration of the Subordinate Court, as long as, the surrender, be notarized and then recorded. Characters of the marriage: Are bilateral contract: marriage conventions impose obligations for both parties, precisely because its purpose is to determine the property regime of spouses and of that regime are always rights and obligations for both spouses. Are incidental to the marriage contract: the marriage are direct connection to a future marriage and essentially depend on it. You can not conceive of a separate matrimonial convention a wedding. They contract intuito personae: in principle, contracts are presumed held by the parties themselves, and their successors, unless it is the opposite of the will of the parties or the nature of the convention. The pact capitulations is that nature exists only between the same spouses. The personal nature of the chapters is a result of the unit that they are essential to marriage. Just before the marriage can take place: for the marriage to produce their effects, it is essential that There was the contract concluded with all the formalities of law, before the birth of the conjugal bond between the parties. They are solemn contract: Given the implications, not only for themselves but also for third parties, our legislature has required in the field of marriage formality ab subsantiam maximum provided for acts of civil nature. Contract are unchanged: The immutability of the capitulation is a consequence of its status prior to the marriage ceremony, if only the convention can be agreed before marriage to marriage, it must conclude that such contracts can not be changed after marriage bond born because that would mean hold a further capitulation. Capacity required to hold capitulations: capitulations can give the adult. The unemancipated minors need the advice and consent of their parents or guardians. The general rule governing the matter, is that the person with the capacity to marry is also to act in marriage conventions. As regards age, contractual capacity, in general, acquired at 18 years (Art. 18 CCS). The child may only engage in the representation of the person exercising parental authority over him or supervision (or with the assistance of a guardian in the case of an emancipated). Otherwise, and in addition, require authorization judicial. The question, mad no doubt and the person who is not in their right mind can not enter into marriage, by its inability to marry. Effects of Capitulation: take effect after the marriage, not a conditional contract, if so, meeting the condition take effect from registration, but it takes it from the marriage. Invalidity of capitulation: marriage conventions are null when there is an illegality or defect in the act to its conclusion, which makes them ineffective for their own spouses and also in relation to third parties or strangers. The nullity may be absolute or relative, total or partial. The capitulation is absolutely void if the illegality or defect that affects refers to the entire contract or at least the essence of it, why should disappear completely from the legal life. There are partial nullity of the contract, when the illegality or defect affects only certain clauses in it that are not essential. The void is absolute when it violated rules whose observance is interested public order or morality. The relative nullity resulting from the violation of mandatory or prohibitory laws devoted solely to protect one of the spouses. Annulments Example: A) Completely zero: if it has been agreed universal community regime prohibited by Article 1650 CCVB) Severability: If you have agreed to a total separation scheme and added the provision of burdens to the husband only. C) absolute nullity "violation of formalities imposed by law," illegality of the cause. D) Invalidity on "Inability to celebrate," vices of consent. The purpose of a regime of capitulations, is to regulate the matrimonial property regime in which the spouses remain after its marriage, therefore, the property on which they were both owners before they can not marry in any way belong to the scheme community property, as such agreement governed only property acquired during the union of marriage, and established in Article 148 of the Civil Code: "The husband and wife, if no agreement to the contrary, are common, by half, earnings or profits obtained during marriage.
Dr. Ana Ines Ortiz Santander
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