TITLE IV.

MARRIAGE.

CHAPTER I.

GENERAL PROVISIONS.

SECTION 1. FORMS OF MARRIAGE.

ART. 42. The law recognizes two forms of marriage the canonical, which all who profess the Catholic religion must celebrate, and the civil, which shall be celebrated in the manner prescribed in this code.

SECTION 2. PROVISIONS COMMON TO BOTH FORMS OF MARRIAGE.

ART. 43. Future espousals do not give rise to an obligation to contract marriage. No tribunal shall admit a complaint in which their fulfillment is demanded.

ART. 44. If the promise has been made in a public or private instrument by a person of age, or by a minor in the presence of the person whose consent is necessary for the celebration of the marriage, or when the banns have been published, the person who refuses to marry, without just cause, shall be obliged to indemnify the other party for the expenses which he or she may have incurred by reason of the promised marriage.

An action to recover indemnity for the expenses to which the foregoing article refers may be instituted

only within a year, counted from the day of the refusal to celebrate the marriage.

ART. 45. Marriage is forbidden :

1. To a minor who has not obtained permission and to a person of age who has not requested the advice of the persons whose right it is to authorize one or the other in the cases provided for by law.

2. To a widow during the three hundred and one days following the death of her husband, or before childbirth if she should have been left pregnant, and to the woman whose marriage has been declared void in the same condition and for the same periods, to be counted from the date of her legal separation.

3. To the guardian and his descendants with the persons whom he may have or may have had under charge, until the guardianship has terminated and the accounts of his administration have been approved, except in case the father of the person subject to guardianship has authorized the marriage in a will or in a public instrument.

ART. 46. The permission referred to in No. 1 of the preceding article must be granted the legitimate children by the father; in his absence or where he is prevented from giving it the power to grant it devolves upon the mother, the paternal and maternal grandparents, and, in the absence of all of them, upon the family council, in the order fixed here.

If acknowledged natural children or children legitimized by royal concession are in question, such consent must be asked of those who acknowledged or legitimized them, of their ascendants, and of the family council, in the order established in the preceding paragraph.

If adopted children are in question, the consent

shall be asked of the adopting father, and in his absence of the proper members of the natural family.

Other illegitimate children shall obtain the consent of their mother, when she is legally acknowledged, that of the maternal grandparents in the same case, and, in the absence of either, that of the family council.

It is the duty of the heads of foundling institutions to give consent for marriage to those educated therein.

ART. 47. Children of age are obliged to ask the advice of their father, and in his absence that of the mother. If they should not obtain it, or it should be unfavorable, the marriage can not be celebrated until three months after the petition is made.

SECTION 4. RIGHTS AND OBLIGATIONS OF HUSBAND AND WIFE.

ART. 56. The spouses are obliged to live together, to be faithful to and mutually assist each other.

ART. 57. The husband must protect the wife

and the latter obey the husband.

ART. 58. The wife is obliged to follow her husband wherever he may establish his residence. The tribunals, nevertheless, may, with just cause, exempt her from this obligation when the husband removes his residence beyond the seas or to a foreign country.

ART. 59. The husband is the administrator of the property of the conjugal partnership, except when the contrary is stipulated and in the case of Article 1384.

If he is under 18 years of age, he can not administer without the consent of his father; in the absence of the latter, that of the mother, and in the absence of both without that of his guardian. Neither may he appear in a suit without the appearance of said of said persons. In no case, until he has attained majority, may

the husband, without the consent of the persons mentioned in the preceding paragraph, borrow money, encumber or alienate the real property.

ART. 60. The husband is the representative of his wife. The latter can not, without his permission, appear in a suit in person nor through a solicitor.

Nevertheless, she does not require such permission to defend herself in a criminal suit, or to proceed against or to defend herself in suits with her husband, or when she may have obtained the rights in accordance with the provisions of the law of civil procedure.

ART. 61. Neither may the wife, without the permission or power of her husband, acquire property for a good or valuable consideration, alienate her property or bind herself, except in the cases and with the limitations established by law.

ART. 62. Acts executed by the wife contrary to the provisions of the preceding articles are void, except when they involve things which by their nature are to be applied to the ordinary use of the family, in which case purchases made by the wife shall be valid. Purchases of jewels, furniture, and precious objects made without the permission of the husband shall only be valid when the latter may have consented to his wife using and enjoying such things.

ART. 63. The wife, without permission of her husband, may:

1. Execute a will.

2. Exercise the rights and fulfill the duties which appertain to her with regard to the legitimate and acknowledged natural children she may have had by another, and with relation to the property of the same.

ART. 64. The wife shall share the honors of her husband, except those which are strictly and exclus

ively personal, and shall retain them as long as she does not contract a new marriage.

ART. 65. Only the husband and his heirs may enforce the nullity of the acts executed by his wife without proper permission or authorization.

ART. 66. The provisions of this section are understood to be without prejudice to those of this code relating to absence, incapacity, prodigality, and interdiction of the husband.

SECTION 5. EFFECTS OF ANNULLMENT OF MARRIAGE AND OF DIVORCE.

ART. 67. The civil effects of suits and decrees concerning annullment of marriage and divorce can only be obtained before the ordinary tribunals.

ART. 68. After the suits referred to in the proceding article have been instituted and admitted, the following measures shall be adopted during the pendency thereof:

1. The separation of the spouses in every case. 2. The protection of the wife in the cases and in the manner prescribed by the law of civil procedure.

3. The placing of the children under the care of one or both of the spouses as may be proper.

4. The provision for the support of the wife and of the children who do not remain under the authority of the father.

5. The adoption of the necessary measures to prevent the husband, who may have given cause for the divorce, or against whom the suit for annulment of the marriage has been instituted, from injuring the wife in the administration of her property.

ART. 69. A marriage contracted in good faith produces civil effects, although it may be declared void.