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Family Code English
Article 126
Table of Contents
318
Article 1
— Various Forms of Marriage.
Article 2
— Marriage Concluded before an Officer of Civil Status.
Article 3
— Religious Marriage.
Article 4
— Marriage According to Custom.
Article 5
__Celebrated Abroad.
Status requires review
— We have not verified this source's current status.
Structural division:
CHAPTER NINE
›
Sub-Section 2
Article 126 — —Presumption of Paternity of the Husband
Family Code English
Article text
A child conceived or born in wedlock has the husband as father.
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Article 125
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Article 127
Article 6
— Consent.
Article 7
— Age.
Article 8
— Consanguinity.
Article 9
— Affinity.
Article 10
—Filiation not Established Legally.
Article 11
— Bigamy.
Article 12
— Representation not Allowed.
Article 13
—Fundamental Error.
Article 14
— Consent Extorted by Violence.
Article 15
—Judicially Interdicted Persons.
Article 16
— Period of widowhood.
Article 17
— Opposition.
Article 18
— Opposition by whom Made.
Article 19
— Form and Time of Opposition
Article 20
— Decision on the Opposition.
Article 21
— Appeal.
Article 22
— Authorized Officer of Civil Status.
Article 23
— Request for Celebration of Marriage.
Article 24
— Fixing the Date of Marriage.
Article 25
— Formalities of Celebration.
Article 26
— Religious Marriage
Article 27
— Customary Marriage.
Article 28
— Registration.
Article 29
— Record of Marriage.
Article 30
— Purticulars of the Record of Marriage.
Article 31
— Age
Article 32
— Consanguinity or Affinity.
Article 33
— Bigamy
Article 34
—Dissolution of Marriage of a Judicially Interdicted person.
Article 35
— Act of Violence.
Article 36
— Error .
Article 37
— Period of Widowhood,
Article 38
— Incompetence of Officer of Civil Status.
Article 39
— Non-Observance of Formalities.
Article 40
— Various Forms of Marriage Equivalent.
Article 41
— Consummation of Marriage.
Article 42
— (1) Contract of Marriage.
Article 43
— (2) Incapacity of Spouses.
Article 44
— (3) Form of Contract.
Article 45
— (4) Deposit of Contract.
Article 46
— (5) Restrictions to Freedom of Contract.
Article 47
— (6) Modifications to Con tract of Marriage
Article 48
— (7) Legal Regime.
Article 49
—Respect. Support and Assistance.
Article 50
—Joint Management of Family. (1) General Rule.
Article 51
— (2) Inability of One of the Spouses.
Article 52
— Children of previous Marriage.
Article 53
— Cohabitation.
Article 54
— Determination of Residence.
Article 55
— Separation by Agreement.
Article 56
— Duty of Fidelity.
Article 57
— Personal Property of Spouses (1) Property not acquired by Onerous
Article 58
— (2) Property Acquired by Onerous Title.
Article 59
— Administration of Personal Property (1) Principle.
Article 60
— (2) Determination by Contract of Marriage.
Article 61
— (3) Agency.
Article 62
— Common Property of Spouses.
Article 63
— Legal Presumption.
Article 64
— Income of Spouse (1) Normal Management.
Article 65
— (2) Exception.
Article 66
— Administration of Common Property.
Article 67
— Duty to give Notice.
Article 68
— (1) Requisite of Agreement of Spouses
Article 69
— (2) Absence of Agreement.
Article 70
—Debts of Spouses.
Article 71
— Debts in the Interest of Household.
Article 72
— Contribution to Household Expenses.
Article 73
— Contracts Between Spouses.
Article 74
— Various Forms of Marriage Equivalent.
Article 75
— Causes of Dissolution of Marriage.
Article 76
— Conditions of Decision for Divorce.
Article 77
—Petition for Divorce by Mutual Consent.
Article 78
— Power of the Court.
Article 79
— Re-application.
Article 80
— Approval of Divorce by Mutual Consent.
Article 81
— (1) Petition for Divorce.
Article 82
— (2) Power of the Court.
Article 83
— Decision on Conditions of Divorce.
Article 84
—Indemnities.
Article 85
— Liquidation by Agreement.
Article 86
— Retaking of Personal Property.
Article 87
— Indemnities,
Article 88
— Unlawful Enrichment.
Article 89
— Protection of Creditors.
Article 90
— (I) Partition of Common Property.
Article 91
— (2) Rule of Partition in Kind.
Article 92
— Properties which are Difficult to Divide.
Article 93
— Debts of Spouses due after Dissolution of the Marriage.
Article 94
— Certificate of Marriage.
Article 95
— Proof in Default of Certificate of Marriage.
Article 96
— Possession-- of Status (1) Definition.
Article 97
— (2) Proof of Marriage by Possession of Status.
Article 98
—(1) Definition.
Article 99
— (2) Explanation.
Article 100
— No Bond of Affinity Created.
Article 101
— Contribution to Common Expenses.
Article 102
— Community of Property.
Article 103
— Effects of Community of Property.
Article 104
—Filiation of Children.
Article 105
—Termination of Union.
Article 106
—Proof of Union.
Article 107
— Other Relations out of Marriage.
Article 108
— Applicable Law.
Article 109
— Applicability of Provisions Relating to Liquidation of Pecuniary
Article 110
— Dispute Between Spouses.
Article 111
— Decision.
Article 112
—Appeal.
Article 114
—Irregular Union.
Article 115
— Existence of Valid Marriage.
Article 116
— Irregular Union.
Article 117
— Divorce and Its Effects.
Article 118
— Disputes Arising out of Marriage.
Article 119
—Appointment of Arbitrators.
Article 120
— Additional Time.
Article 121
—Responsibility of Arbitrators.
Article 122
—Failure to Submit Report.
Article 123
— Legal Rules Mandatory.
Article 124
— Maternal Filiation.
Article 125
— Paternal Filiation.
Article 126
—Presumption of Paternity of the Husband
Article 127
— Generality of Presumption.
Article 128
— Duration of Pregnancy.
Article 129
— Absence of the Husband.
Article 130
—Irregular Union.
Article 131
— (1) Principle.
Article 132
— (2) Definition.
Article 133
— (3) Form.
Article 134
— Representation.
Article 135
—Death of the Father.
Article 136
— Non-Admission by the Mother.
Article 137
— Majority of the Child.
Article 138
— Condition of Acceptance.
Article 139
—Death of the Child.
Article 140
— Revocation.
Article 141
Annulment.
Article 142
—Several Acknowledgements Prohibited.
Article 143
—(1) Judicial Declaration of Paternity.
Article 144
— (2) Action for Judicial Declaration of Paternity.
Article 145
— No other Cases.
Article 147
— (2) Form,
Article 148
—Legal Presumption.
Article 149
— (1) Assignment of Paternity by Agreement.
Article 150
— (2) Form.
Article 151
—Representation.
Article 152
— Revocation.
Article 153
— Annulment.
Article 154
— Record of Birth.
Article 155
— Proof in Def unit of Record of Birth.
Article 156
—Possession of Status (1) Definition
Article 157
— (2) Proof by Possession of Status.
Article 158
—Action to Claim Filiation.
Article 159
— Inadmissibility of Action.
Article 160
— Person to Institute the Action.
Article 161
— When to Institute the Action.
Article 162
— Person Against Whom Action Instituted.
Article 163
—Principle.
Article 164
— Admissibility of Action.
Article 165
— Inadmissibility of Action.
Article 166
— Person Against Whom Action Instituted.
Article 167
—Principle.
Article 168
— No Sexual Intercourse with the Mother(1) Principle.
Article 169
— (2) Legal Presumption.
Article 170
— When Paternity is Impossible (1) Principle.
Article 171
— (2) Admissibility of Action.
Article 172
— (3) Presumptions and serious Indications.
Article 173
— (4) Adultery or Admission of the Mother.
Article 174
— Plaintiff in the Suit.
Article 175
—Judicially Interdicted Person.
Article 176
— Time (1) Principle.
Article 177
— (2) Exception.
Article 178
—Inadmissibility of Action.
Article 179
— Defendant in the Suit.
Article 182
— (3) Saving Clauses
Article 183
— Relationship of the Adopted Child with the Family of Origin.
Article 184
—Age of Adopter.
Article 185
— Age of the Adopted Child.
Article 186
—Adoption by Married Person.
Article 187
—Adoption of Child Merely Conceived.
Article 188
— Children of adopter.
Article 189
—Impossibility of Adoption by Several Persons.
Article 190
— Parties to the Agreement.
Article 191
— Consent of Parents of the Adopted Child.
Article 192
— Government or private Orphanages.
Article 193
— Where the Adopter is a Foreigner.
Article 194
—Power of [he Court.
Article 195
—Irrevocability of Adoption.
Article 196
—Petition for Revoking the Adoption.
Article 197
— Subject Matter of the Obligation.
Article 198
— Persons Between Whom the Obligation Exists.
Article 199
— Where there is no Obligation.
Article 200
— Condemnation of Creditor.
Article 201
— Conditions for the Existence of the Obligation.
Article 202
— Mode of Fulfillment of Obligation.
Article 203
— Possibility of Re vision.
Article 204
—Place Where Allowance Paid.
Article 205
— Arrears (1) May not be Assigned or Attached
Article 206
— (2) No Accumulation.
Article 207
— Creditor may be taken into Debtor's House.
Article 208
— Plurality of Debtors (1) Principle.
Article 209
— (2) Recourse.
Article 210
— (3) Order of Debtors.
Article 211
—Agreement Between Co-Debtors.
Article 212
— Case of Adoption.
Article 213
— Funeral Expenses.
Article 214
— Particular Agreements.
Article 215
— Definition.
Article 216
— Disability of Minors.
Article 217
— Proof of Age
Article 218
— Principle to be followed by Competent Authorities.
Article 219
— Authority of Parents.
Article 220
— Default of one of the Parents.
Article 221
— Divorce of Parents.
Article 222
— Testamentary Guardian or Tutor (1) Principle.
Article 223
— (2) Conditions for Appointment.
Article 224
— (3) Application to the Court.
Article 225
— Relatives Called to Exercise the Functions of Guardian or Tutor (1)
Article 226
— (2) Possible Modification of such Order.
Article 227
— Where there is no Relative Enabled in terms of law.
Article 228
— Appointment by the Court (1) Relative of the Minor, by Consanguinity
Article 229
— (2) Institution of Assistance.
Article 230
— Assimilated Cases.
Article 231
— Identity of Guardian or of Tutor.
Article 232
— Right given to Father and Mother.
Article 233
— Right given to the Court.
Article 234
— Tutor "ad hoc" (1) Conflict of Interest between Tutor and Minor.
Article 235
— (2) Conflict of Interests of Several Minors.
Article 236
— Commencement of Functions.
Article 237
— Compulsory Nature of Functions.
Article 238
—Application for Exemption.
Article 239
— Legal Exemptions.
Article 240
—Obligation to Exercise such Functions Provisionally.
Article 241
— Termination of Functions.
Article 242
— Incapacities (1) Minor.
Article 243
— (2) Judicially interdicted Persons
Article 244
— Unworthiness.
Article 245
—Removal. (1) Guardian.
Article 246
— (2) Tutor.
Article 247
— (3) Removal of Ascertains.
Article 248
— (4) Procedure.
Article 249
— Duties of the Court.
Article 250
— Tutor may not be Remunerated
Article 251
— Personal Nature of the Functions.
Article 252
—Duties of Heirs.
Article 253
__ Proof of Capacity of Guardian or Tutor.
Article 254
— Analogy with the Tutor.
Article 255
— Guardian may seek Assistance from Governmental Institutions.
Article 256
— Residence of the Minor.
Article 257
— Health of the Minor.
Article 258
— Up bringing of the Minor.
Article 259
— Social Contacts.
Article 260
— General and Professional Education.
Article 261
— Income of Minor. (1) Principle.
Article 262
— (2) Considerable Income.
Article 263
— (3) Income derived from Work of the Minor.
Article 264
— (4). Property Donated or Bequeathed.
Article 265
Income not Due.
Article 266
— Authority of Parents.
Article 267
— Separation of Parents.
Article 268
— Where the Guardian is not the Parent.
Article 269
— Principle.
Article 270
— Inventory and Valuation of Property (1) After the Tutor Assumes his
Article 271
— (2) Succession Devolving on the Minor.
Article 272
— Property of Tutor Merged with that of the Minor.
Article 274
— Power of the Court.
Article 275
— Property Transferred to the Minor by Donation or Succession.
Article 276
Commercial or other Enterprises
Article 277
—Alienation of Certain Property
Article 278
— Securities to bearer,
Article 279
— Debts and Claims.
Article 280
— Investment of Capitals (1) Duty of the Tutor.
Article 281
—(2) Time.
Article 282
— Liability.
Article 283
— Income.
Article 284
—Leases.
Article 285
— Successions.
Article 286
—Donation.
Article 287
— Prohibition of Undertaking Suretyship.
Article 288
— Compromise.
Article 289
— Contracts between Tutor and Minor.
Article 290
—Loans.
Article 291
— Consultation with the Minor.
Article 292
— Authorization to Act given to the Minor (1) Principle.
Article 293
— (2) Acts of everyday Life.
Article 294
— (3) Effect with regard to the Tutor.
Article 295
— Will.
Article 296
— Expenses of Management.
Article 297
— Rendering Report of Management of the Property of the Minor.
Article 298
— Applicability.
Article 299
— Principle.
Article 300
— Application for Nullity.
Article 301
— Good Faith of the Person Contracting with the Minor.
Article 302
— Repayment.
Article 303
— Extra-Contractual Liability and Unlawful Enrichment (1) Principle.
Article 304
— (2) Mere Statement of Majority.
Article 305
— Acts Regularly Performed.
Article 306
, — Violation of Legal Provisions.
Article 307
— Third Parties.
Article 308
__Tutor "ad hoc".
Article 309
— Tutor.
Article 310
— Causes.
Article 311
—Marriage.
Article 312
— Explicit Emancipation,
Article 313
— Effects.
Article 314
— Irrevocability.
Article 315
— Principle
Article 316
— Where there is no Inventory.
Article 317
— Approval of Accounts.
Article 318
—Limitation.
Article 319
— Inapplicable Laws.
Article 320
— Rights Acquired Under Repealed Laws.
Article 321
— Registration.
Article 322
— Pending Family Gases.
Article 323
— Power to Issue Regulations.
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