the marriage institution (1)

8/20/2019 The Marriage Institution (1)

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TH E M A R R IA G E IN S TITU TIO N


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▪ MARRIAGE-is the socially approvedsexual and economic unions betweentwo persons and of opposite sex.


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Characteristics:

▪ Marria e is a contract between roups ofpeople that oes beyond the death ofone of the contractin partner.

▪ Marria e involves a transfer of ri htsbetween the wife!s roup and thehusband!s roup.

▪ Marria e entrails ri hts to priority ofsexual access by the husband but not insocieties that allow wife lendin "sanctioned love a#air and alternatepartners.

▪ Marria e can be either be mono amous

or poly amous.


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UNIVERSALITY OF MARRIAGE

▪ Marria e develops social bonds thatprovide material needs" socialsupport and sociali$ation of children.

▪ Marria e de%nes the ri hts andobli ation of the members of thecontractin parties.

▪ Marria e creates new relationshipsbetween families and &in roups thatcan establish trade relationship and

political alliances.


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NORMS OF MARRIAGE

▪ 'hese are norms that re ulatemarria e on mate selection"secondary marria e" number ofspouses and marital exchan es.


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RULES ON MATE SELECTION

▪ E()GAM*-re+uires a person to selecthis mate outside his own roup orsocial cate ory.

▪ E, )GAM*-is a rule that re+uire theperson to select his mate from hisown roup or social cate ory race"social class or reli ion/.


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RULES IN SECONDARY MARRIAGE

▪ 0)R)RA'E-is the practice thatcompels the woman to marry thedeceased sister!s husband.

▪ 1E2IRA'E- is the practice amon the3huc&ee of 0iberia that re+uires aman to marry the widow of thedeceased brother and care for hischildren and his herds.


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RULES ON THE NUMBER OF SPOUSES

▪ M),)GAM*-is the rule that limits the

person to one spouse at a iven time4

▪ 5)1*GAM*- is the plural marria e of

man or woman.


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TWO TYPES OF PLURAL MARRIAGE

▪ 5)1*G*,*-is the plural marria e of

man to several women.

▪ 5)1*A, R*-is the plural of marria e

of women to several men.


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RULES ON MARITAL EXCHANGE

▪ 6RI E 7EA1'8-is the wealth iven by theroom to his bride!s family to le itimi$e

his ri ht to his wife child.▪ 6RI E 0ER2I3E- is the service of re+uirin

a man to provide labor to the householdof his bride" to wor& for his father-in-lawfor a certain period of time" either beforeor after marria e.

▪ )7R*- is the wealth iven by theparents of the bride to the husband oftheir dau hter that includes money"

clothin " 9ewelry" or any household items.


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PHILIPPINE MARRIAGE

▪ I, I2I :A1 38)I3E A6)2E '8E AGE);


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MARRIAGE CAN BE NULLIFIED

▪ the contractin parties are below the a eof =?" even with consent of parents and

uardian4▪ if the person solemni$in the marria e

lac&s the le al authority4▪ if the solemni$ed without marria e

license unless listed under exemption4▪ if it is a bi amous or poly amous

marria e4▪ if a mista&e is committed by a contractin

party as to the identity of the other4 if themarria e is a ainst public policy li&eincestuous marria e4


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▪ if the person or persons arepsycholo ically incapacitated to contractsuch marria e"

▪ or after securin a 9ud ment ofannulment or absolute nullity ofmarria e" the parties" before enterininto subse+uent marria e" failed to recordwith the appropriate re istry the partitionand distribution of property of the %rstmarria e4

▪ In addition" marria e can be nulli%ed if


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▪ if either party was infected with aphysically transmissible disease at thetime of marria e4

▪ if force or intimidation or undue in uenceis used to contract such marria e"

▪ and if fraud is committed non disclosureof previous conviction of moral turpitude"pre nancy of the wife other than thehusband" concealment of sexuallytransmitted disease and dru addiction"habitual alcoholism" homosexuality"

lesbianism existin at the time ofmarria e.


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LEGAL SEPARATION

▪ Repeated physical violence or rosslyabusive conduct directed a ainst thepetitioner" a common child" or a child of thepetitioner.

▪ 5hysical violence or moral pressure to

compel the petitioner to chan e reli ious orpolitical aBliation.▪ Attempt of respondent to corrupt or induce

the petitioner" a common child" a child of thepetitioner to en a e" or connivance in such

corruption or inducement.▪ ;inal 9ud ment sentencin the respondent toimprisonment of more than six years" even ifpardoned.


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LEGAL SEPARATION

▪ ru addiction " or habitual alcoholism ofthe respondent.

▪ 1esbianism or homosexuality of therespondent.

▪ 3ontractin by the respondent of asubse+uent marria e" whether in the

5hilippines or abroad.▪ 0exual in%delity or perversion.▪ Attempt by the respondent on the life of

the petitioner.▪ Abandonment of petitioner by


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PHILIPPINE MARRIAGE

▪ 8E'ER)0E(:A1I'* C 'he 5hilippine 1aws allowsmarria e between a man and a woman only andconsider homosexuality not allowable4 it can be a

round for le al separation.

▪ ED:A1I'*▪ 'he husband and wife are obli ated to live to ether"observe mutual love" respect and %delity and providemutual help and support.

▪ 6oth the husband and wife decide where to %x thefamily household when they disa ree the court shallma&e the decision for them.

▪ 'he husband and the wife can exercise theirprofession" occupation" business or activity evenwithout the consent of the other. 'he husband or thewife can only ob9ect on valid" serious and moral

rounds.


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EQUALITY

▪ 6oth the husband and wife areresponsible for the support of thefamily.

▪ 'he husband and wife have e+ualri hts in the mana ement of theirhousehold.

▪ 6oth the husband and the wife canre+uest for relief from the court ifeither one of them ne lects his>herduties to the con9u al union or any

one of them commits acts that will


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PHILIPPINE MARRIAGE

▪ ;I E1I'*- when one of the couplecohabits with a person who is not thele itimate spouse" it can be a roundfor concubina e or adultery andpunishable with six years ofimprisonment.


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CONCUBINAGE is committed when :

▪ 'he husband &eeps a mistress in thecon9u al dwellin .

▪ 'he husband cohabits with a womannot to his wife in any places.

▪ 'he husband leaves the con9u al

dwellin and lives with his lover inanother dwellin .▪ 'he husband has sexual intercourse

under scandalous circumstances witha woman not his wife.


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PHILIPPINE MARRIAGE

▪ M),)GAM* A, 5)1*GAM*- for3hristians" mono amy is the rule4that is" havin one spouse at a iventime.


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RESEARCHES ON MARRIAGE

▪ 1amanna and Riedman < F/ noted that marria esamon couples over a e


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RESEARCHES ON MARRIAGE

▪ 0tudies 2ancio" =F? 4 0evilla" =F?

the marriage institution (1)

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