Persons September 3, 2012 After Midterms

Factors to consider in the amount of support:

1. Capacity of the giver

2. Needs of the recipient

*The amount of the support can be changed based on the factors.

*No compulsion except for support.

Local customs will apply when the spouses entered into a marriage settlement but it simply says that they will not be governed by absolute community.

Different property relations:

1. Absolute community no need for marriage settlement

2. Conjugal partnership of gains

3. Complete separation of property

4. Other/combination of property relations

Petition for conversion to a different property relation

- creditors must be notified

1. Voluntary

2. Involuntary only one spouse wants the conversion

What not to stipulate

1. Property regime will start at a time other than the precise moment of celebration of marriage

2. Substantial donations to each other

3. Execute a marriage settlement other than complete separation of property in a subsequent marriage where properties of previous marriage has not yet been liquidated

Subsequent marriage complete separation of properties

Elements of donation by reason of marriage (propter nuptias):

1. Made before the celebration of the marriage

2. Made in consideration of marriage

3. Made in favor of one or both spouses

Donation between future spouses, requisites:

1. A valid marriage settlement

2. A property regime other than the absolute community of property

3. Donation must not be more than 1/5 of his/her present property

4. Donation must be accepted by the would-be spouse

5. Comply with requisites of Title III Book III of Civil Code

Third party donated no marriage valid but revocable

Spouse donated in the marriage settlement no marriage void ab initio

Suspensive if obligation arises demandable when accomplished

Resolutory until extinguishes the obligation demandable already