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Common-law marriage, also known as non-ceremonial marriage, [1] [2] sui iuris marriage, informal marriage, de facto marriage, more uxorio or marriage by habit and repute, is a marriage that results from the parties' agreement to consider themselves married, followed by cohabitation, rather than through a statutorily defined process.
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. [ 2 ] [ 3 ] Although common law may incorporate certain statutes , it is largely based on precedent —judicial rulings made in previous similar cases. [ 4 ]
The United States would take over the Philippines after the conclusion of the Spanish–American War. During this period Act No. 2710, or the Divorce Law, became law on March 11, 1917. The legislation provided for divorce a vinculo matrimonii or absolute divorce. Divorce permissibility was fault-based, with the following prerequisite. [7]
The Family Code of the Philippines enacted into law in 1987 by President Corazon Aquino defines marriage as "a special contract of permanent union between a man and a woman" [23] Republic Act No. 386 of 1949 or the Civil Code of the Philippines, also includes mentions of marriage as being between a man and a woman.
In cases where parental consent or parental advice is needed, [10] marriage law in the Philippines also requires couples to attend a seminar [7] on family planning before the wedding day in order to become responsible for family life and parenthood. The seminar is normally conducted at a city hall or a municipal council.
Judicial precedents of the Philippine Supreme Court were accepted as binding, a practice more attuned to common law jurisdictions. Eventually, the Philippine legal system emerged in such a way that while the practice of codification remained popular, the courts were not barred from invoking principles developed under the common law, [1] or from ...
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This work is in the public domain in the Philippines and possibly other jurisdictions because it is a work created by an officer or employee of the Government of the Philippines or any of its subdivisions and instrumentalities, including government-owned and/or controlled corporations, as part of their regularly prescribed official duties ...