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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Xavier and Yana were married in 2012. At the time of the wedding, Xavier displayed a long-standing pattern of explosive anger and emotional coldness; medical records described the condition as grave and incurable. Yana seeks a declaration of nullity on the ground of psychological incapacity. (a) State the controlling rule and its elements for a marriage to be void ab initio on psychological incapacity. (b) Do these facts establish grave psychological incapacity existing at the time of marriage, and is it incurable according to the governing standard? Briefly explain. (c) If the court declares the marriage void, what is the operative effect on Xavier's and Yana's legal status and on their future rights?

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Lack of parental consent as the ground for nullity. The declaration of nullity has prospective effect and does not retroactively alter the spouses' status. Void ab initio on psychological incapacity. Elements: (i) grave psychological incapacity to perform essential marital obligations; (ii) existing at the time of the celebration; (iii) incurable; (iv) not due to external factors; (v) the incapacity is such that the marriage cannot be saved. Annulment on the ground of psychological incapacity.

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