Text of the provision
Art. 78. A minor who according to law may contract marriage may also execute his or her marriage settlements, but they shall be valid only if the persons designated in Article 14 to give consent to the marriage are made parties to the agreement, subject to the provisions of Title IX of this Code.
(120a)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
A party old enough to marry under the age rules but still under twenty-one may also execute a marriage settlement — but it is only valid if the same person whose consent is required for the marriage itself under Article 14 (parent, surviving parent, or guardian, in that order) is made a party to the settlement as well.
Related provisions
- Article 14 — the parental-consent rule this article extends to marriage settlements.
- Article 79 — the parallel rule for a party under civil interdiction or other disability.
Cases interpreting this article
- Authorities on Article 78 will be added here as each is verified against primary sources.