Art.44.- If only one of the spouses is declared to be in bad faith, the null marriage is deemed never to have
existed in his/her regard.
The other spouse benefits from the provisions of article 41.
Children resulting from the marriage or legitimate children retain, vis-à-vis their parents, the status which had
been conferred on them by marriage, but the spouse in bad faith cannot rely on this status against them.
CHAPTER V
PROOF OF MARRIAGE
Art. 45.- No one may claim the status of a spouse or the civil implications of marriage without presenting a
civil marriage certificate, with the exceptions provided for by law in the event of loss or total or partial
destruction of the registers.
Art. 46.- Having marital status does not exempt the supposed spouses to each present a civil marriage
certificate.
Art.47 – Having marital status is established by a sufficient collection of facts which presuppose the existence
of matrimonial ties.
The most important of these facts are:
-
that the man and the woman bear the same name;
that they treat each other as husband and wife;
that they are recognized as such by their families and in society.
Art.48.- When there is possession of marital status and the marriage certificate is presented, no one can make
claims of irregularities of this certificate.
Art. 49. – No one can dispute the legitimacy of a child whose father and mother are deceased, once the
legitimacy is proved by the possession of a status which is not contradicted by the birth certificate.
CHAPTER VI
IMPLICATIONS OF MARRIAGE
SECTION 1: GENERAL PROVISIONS
Art. 50. – Marriage creates a legitimate family.
Art. 51. – Husband and wife commit to live together, and owe each-other fidelity, support and assistance.
Art 52. – Together, by virtue of marriage, they commit to the obligation to feed, take care of and raise their
children.
Art. 53. – They contribute to the costs of living of the family in proportion to their respective abilities. The
spouse who does not fulfil this obligation could be prosecuted.
Art. 54.- A child cannot make a case against his father and mother for him/her to settle down by marriage or
otherwise.
Art. 55.- Children have an obligation to provide maintenance support to their father and mother or other
ascendants who are in need. Likewise, sons-in-law and daughters-in-law also owe support to their father-in-law
and mother-in-law, but this obligation ceases when the spouses who produced the affinity and the children
resulting from their union with the other spouse are deceased.
The obligations resulting from these provisions are reciprocal.