What is the Meaning of Legal Capacity for Purposes of Marriage

What is the meaning of legal capacity for purposes of marriage? 1. The parties must be of the age of 18 years or upward; 2. The parties must be of the opposite sex; 3. The parties must not be under any of the impediments in the Family Code provision on incestuous marriage; and 4. The parties must not be under any of the impediments in the Family Code provision on marriages against public policy. [1] What are those marriages considered as incestuous under the Family Code? [2] 1. Between ascendants and descendants of any degree; and 2. Between brothers and sisters, whether of the full or half-blood. What are those marriages considered as against public policy under the Family Code? [3] 1. Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; 2. Between step-parents and step-children; 3. Between parents-in-law and children-in-law; 4. Between the adopting parent and the adopted child; 5. Between the surviving spouse of the adopting parent and the adopted child; 6. Between the surviving spouse of the adopted child and the adopter; 7. Between an adopted child and a legitimate child of the adopter; 8. Between the adopted children of the same adopter; and 9. Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse. What is the status of the marriage if either or both of the contracting parties are under 18 years of age? The marriage is void. [4] What is the additional requirement if either or both of the contracting parties are at least 18 but below 21 years of age? Consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. Such consent shall be manifested in writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications. [5] [1] Art. 5, Family Code [2] Art. 37, Family Code [3] Art. 38, Family Code [4] Art. 35 (1), Family Code [5] Art. 14, Family Code

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