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  • 8/12/2019 Civil Definitions

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    Cohabit- to live together as man and wife.

    Collusion- an agreement whereby one will pretend to have committed the ground relied upon; an

    agreement to defraud another of his rights by forms of law or to secure an object forbidden by law.

    Common-Law marriage- one where the man and the woman just live together as husband and wife

    without getting married. Also calledlive-in

    relationship.

    Condonation- forgivenss, express or implied. ie. !leeping together after full "nowledge of the offense.#

    Confession of judgment by warrant of attorney- authority given by defendant to plaintiff$s attorney

    allowing the latter to tell the court that the defendant confesses or admits the plaintiff$s claim to be true

    and just. %his is done even before the action is actually filed.

    Confession of judgement& judgment by confession cognovit actionem- that rendered where, instead of

    defending himself, the defendant chooses to ac"nowledge the rightfulness of the plaintiff$s action.

    Consul- a government official, residing in a foreign country, who watches over the interests of his

    countrymen.

    Cooling off period- six month period before trial which is to enable the parties to cool off for a possible

    reconciliation.

    'octrine of %riennial Cohabitation- it states that to the effect that if the wife still remains a virgin after

    living together with her husband for three years, the presumption is that the husband is impotent, and

    he will have to overcome this presumption.

    (amily-usually refers to parents and children, but can be axtended to many relationships.

    )mpediments-disabilities; bars to marriage.

    )mpotence- lac" of power of copulation and not mere sterility; a ground to annul marriage because if

    "nown to the impotent person, a grievous fraud and injury has been committed-if un"nown, there isviolation of implied warranty.

    )n Articulo *ortis- on the point of death.

    )n +ari delicto- eually in wrong; mutual guilt; both parties being in pari delicto,there is no offended

    spouse who deserves to bring an action.

    *arriage- a special contract of permanent union between a man and a woman entered into in

    accordance with law for the establishment of conjugal and family life. )t is the foundation of the family

    and an inviolable social institution whose nature, conseuences, and incidents are governed by law andnot subject to stipulation, except that marriage settlements may fix the property relatins during the

    marriage within the limits provide by law.

    *arriage by +roxy- one where the other party is merely represented by a delegate or friend.

    *arriage Ceremony- form for the solemniation of marriage.

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    *arriage Certificate- document certifying a marriage and executed by person officiating.

    *arriage License- license issued by public authority; a formal reuisite.

    *arriage +rivilege ule- a husband cannot be examined for or against his wife without her husband;

    nor a wife for or against her husband without his consent, except in civil case by one against the other,

    or in a criminal case for a crime committed by one against the other.

    *arrital Communication ule-the husband or wife during the marriage or afterwards, cannot be

    examined without the consent of the other as to any communication received by one from the otherduring the marriage.

    +sychological incapacity- the condition of a person who does not have the mind, will and heart for theperformance of marriage obligations.