S.A 2020/21 B.E CIVIL LAW | Question #1

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CIVIL LAW | Question #1



Question: 


A couple executes a prenuptial agreement which principally provides that their marriage shall be valid for only five years but that it can be renewed through mutual consent negotiated at least six months before its expiration.

Is this contract valid? Explain briefly



SUGGESTED ANSWER:


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SUGGESTED ANSWER:


No, the contract is not valid. A marriage is a special contract of permanent union between a man and a woman and is an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code (Family Code, Art. 1). 


Hence, it cannot be terminated simply by the stipulation or will of the parties but only on grounds provided for by law 


Code: S.A 2020/21 B.E CIVIL LAW | Question #1

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