CAPACITACION Y ADIESTRAMIENTO DE LOS TRABAJADORES

- In collusion the couple makes it appear that there is a ground for legal separation but actually there is none.

- Corrupt agreement

- The act need not actually happen

6. Where the action is barred by prescription - An action for legal separation must be filed within 5 years from the occurrence of the cause.

- From the time the act occurred not the discovery of the cause of action.

Art. 57: An action for legal separation shall be filed within five years from the time of the occurrence of the cause Art. 58: An action for legal separation shall in no case be

tried before six months shall have elapsed since the filing of the petition

- The defendant is required to answer the petition 15 days from the date of the receipt of the complaint.

However whether or not the defendant files an answer or not there should be no hearing on the merits by the court until after a 6-month cooling-off period is terminated.

*Failure to observe the 6-month cooling off period is a ground to set aside a decision granting legal separation.

*Other incidents may be heard during the 6-month period such as support and custody.

Art. 59: No legal separation may be decreed unless the

Court has taken steps toward the reconciliation of the - The court must try to salvage the marriage by

taking steps towards reconciliation. * However even if there is no trial the couple may choose

spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable.

not to live together. They cannot be forced to live together.

Art. 60: No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment.

In any case, the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed.

- If the defending party fails to answer he or she cannot be defaulted and the court shall order the prosecuting attorney to investigate whether there is collusion or not between the parties.

- Even if the party answers the fiscal is still mandated to make sure there is no collusion and that the evidence is genuine.

* If the case is vehemently opposed and contested and it is clear that the litigation is a no-holds barred contest and not collusion the

non-intervention of the prosecuting attorney is not fatal to the validity of the proceedings.

Art. 61: After the filing of the petition for legal separation, the spouses shall be entitled to live separately from each other

The court, in the absence of a written agreement between the spouses, shall designate either of them or a third person to administer the absolute community or conjugal

partnership property. The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court.

- In the absence of a written agreement between the spouses, the court shall designate who shall administer the properties (it can be a third person).

* Death of the plaintiff before the final decree in an action for legal separation terminates the case.

Art. 62: During the pendency of the action for legal

separation, the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of the common children.

Art. 49: During the pendency of the action and in the absence of a written agreement, the court will provide for the support and custody.

Art. 63: The decree of legal separation shall have the following effects:

1. The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;

2. The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2);

3. The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; and

- Though the spouses are entitled to live separately the marriage bond shall not be severed. They are still married to each other.

- The property shall be liquidated, the offending spouse shall have no share or right to the profits earned and shall be forfeited in favor of the common children if none the children of the guilty spouse if none then to the innocent spouse.

- The innocent spouse shall generally have custody of the children however the major consideration is always the paramount interest of the children.

- The offending spouse shall be disqualified from inheriting form the innocent spouse by intestate

* No children below 7 years old shall be separated from the mother unless the court finds compelling reasons to order otherwise (Tender Years Doctrine)

4. The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession.

Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law.

succession furthermore provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law.

Art. 64: After the finality of the decree of legal separation, the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable.

The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. Alienations, liens and encumbrances registered in good faith before the recording of the complaint for

revocation in the registries of property shall be respected.

The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured

The action to revoke the donation under this Article must be brought within five years from the time the decree of legal separation become final.

- The law gives the option to innocent party whether to revoke or not the donation of the guilty party in an insurance.

- The revocation must be made within 5 years from the time the decree of legal separation has become final.

* The revocation of or change in the designation of insurance beneficiary shall take effect after written notification to the insurer not the insured since it makes more sense however the law states

notification should be given to the insured thus that should be followed.

Art. 65: If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal

separation.

- If the case is still pending then it shall be terminated, if the decree has been issued then it shall be set aside.

- Separation of properties will still subsist, but the parties can enter into an agreement to revive the prior property regime.

* The creditors should be informed of the changes with regard to the property etc.

Art. 66: The reconciliation referred to in the preceding Articles shall have the following consequences:

1. The legal separation proceedings, if still pending, shall thereby be terminated at whatever stage; and

2. The final decree of legal separation shall be set aside, but the separation of property and any forfeiture of the share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime.

The court's order containing the foregoing shall be recorded in the proper civil registries.

- Generally the law provides that one can only fix the property regime before the marriage celebration but the rules now set forth that the adoption of another property regime can be made aside from that which they had previously existing during their marriage.

EFFECT OF REVIVAL:

1. If creditors are notified they should file opposition on properties if they have debts

Art. 67: The agreement to revive the former property regime referred to in the preceding Article shall be executed under oath and shall specify:

1. The properties to be contributed anew to the restored regime

2. Those to be retained as separated properties of each spouse; and

3. The names of all their known creditors, their addresses and the amounts owing to each.

The agreement of revival and the motion for its approval shall be filed with the court in the same proceeding for legal separation, with copies of both furnished to the creditors named therein. After due hearing, the court shall, in its order, take measure to protect the interest of creditors and such order shall be recorded in the proper registries of properties.

The recording of the ordering in the registries of property shall not prejudice any creditor not listed or not notified, unless the debtor-spouse has sufficient separate properties to satisfy the creditor's claim.

that should be paid by either spouse.

2. If creditors are notified but they don’t file they cannot get from the properties that will be placed in co-ownership in the revival.

3. If creditors are not notified then they can collect from properties co-owned.

4. If creditors are not notified but there are separate properties they can’t get from co-owned properties.

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE Art. 68: The husband and wife are obliged to

live together, observe mutual love, respect and fidelity, and render mutual help and support.

Reason: So couples wont abandon each other based on their whims and caprices

- Procreation is also an essential marital obligation.

- A court cannot compel the spouses to live together, observe mutual love, respect and fidelity.

RAPE:

1. Committed by a man against a woman who shall have carnal knowledge of her through force, intimidation or threat; when she is deprived of reason or consciousness, machinations or grave abuse of authority.

2. Even if none of the circumstances are present if woman is below 12 or demented.

* Remedy if other spouse is not living with you:

seek relief from court so that you do not have to give him support.

• A husband can be liable for raping his wife however the subsequent

forgiveness by the wife to the offended party shall extinguish the criminal action.

BEFORE: Matrimonial exemption from rape 1. Man and woman become 1 so man

cannot rape himself

2. Marriage contract means wife consents to all and any sexual intercourse with husband.

3. Any person who inserts any foreign object into genital or anal orifice (rape can be committed against a man)

4. Any person who inserts penis into oral or anal orifice.

REBUT:

1. Woman has certain rights and liberties, which separate her from the man.

2. Absolute consent is not sound since marriage itself is revocable.

Art. 69: The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide.

The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. However, such exemption shall not apply if the same is not compatible with the solidarity of the family.

- The domicile of natural persons is the place of their habitual residence, where parties intend to have their permanent residence.

- In case of disagreement between the husband and the wife the court shall decide.

- The spouse not living in the domicile must prove the intent of husband is for solidarity of family.

Art. 70: The spouses are jointly responsible for the support of the family. The expenses for such support and other conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruits of their separate properties. In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from the separate properties.

EXPENSES FOR SUPPORT AND OTHER CONJUGAL OBLIGATIONS:

1. From the community property

2. In absence thereof income of fruits of the separate properties

3. If insufficient or absent from the separate properties themselves.

Art. 71: The management of the household shall be the right and the duty of both spouses.

The expenses for such management shall be paid in accordance with the provisions of Article 70.

Art. 72: When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor or injury to the other or to the family, the aggrieved party may apply to the court for relief.

- Shall be the right and duty of both spouses regardless of what the property regime is.

- In the event that one of the spouses neglects his or her duties or commits acts that endanger or dishonor the family he aggrieved party may apply to the court for relief.

FORMS OF RELIEF:

1. Legal separation

2. Psychological incapacity

3. Petition for receivership judicial, separation of property to become sole

administrator of property.

Art. 73: Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious, and moral grounds.

In case of disagreement, the court shall decide whether or not:

1. The objection is proper; and

2. Benefit has occurred to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent.

The foregoing provisions shall not prejudice the rights of creditors who acted in good faith.

- Based on presumption, despite objection (before or after) it will still go to family.

- VAWC: If husband prevents you from doing a right then punishable by law.

- The objection must be all valid, serious, and on moral grounds at the same time.

- If it is an isolated activity—contract—

without consent of other spouse, the conjugal spouse can’t be liable GENERAL RULE:

1. Obligations incurred before or after the marriage but redounding to the benefit of the family shall be charged to the conjugal properties

2. Spouse’s job redounds to the benefit of the family thus obligations can be satisfied from the conjugal property.

3. If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent.

Exceptions: For the separate properties to be liable the other spouse must have no

knowledge of the immoral activity and therefore could not give an objection even if benefit accrues to the family.

Exception liability against separate property: If the creditor did not know of the immoral activity or thought it was to be used for a legitimate business, creditor can collect from conjugal properties.

PROPERTY RELATIONS

Art. 74: The property relationship between husband and wife shall be governed in the following order:

1. By marriage settlements executed before the marriage;

2. By the provisions of this Code; and 3. By the local custom.

Marriage Settlements: must be in writing signed by the parties, and made prior to the celebration of the marriage if it is not in writing it shall be unenforceable.

- If there is no marriage settlement agreed upon or if the same is void, then the absolute community if property will

EFFECT OF NO MARRIAGE SETTLEMENT:

1. If the mortgage was registered then the new spouse’s property will also be liable.

2. If the mortgage was not registered the new spouse will not be liable but the mortgage will be impaired and the

prevail.

EFFECT OF MARRIAGE SETTLEMENT:

1. Property in marriage settlement is registered did not redound to family, creditor cant get from co-owned

2. If marriage settlement is not registered, can get from co-owned

3. If redounded to benefit of family can get from co-owned even if not registered.

*Marriage settlement must be fair, they must exercise good faith in contracting the marriage settlement. However if the agreement is not fair as long as the disadvantaged spouse shows that he/she understood it then the marriage settlement shall be maintained.

LOCAL CUSTOMS: rule of conduct formed by repetition of acts uniformly observed as a social rule, legally binding and obligatory.

debtor spouse will loose the right to make use of the period.

• Must give new securities so as not to loose the period.

* If the marriage settlement does not particularize any valid property regime such provision is void and thus the absolute community of property shall prevail.

Art. 75: The future spouses may, in the

marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern.

- If a marriage settlement is absent or property regime agreed upon is void, Absolute

community of property will govern.

In document Propuesta de un programa de capacitación en seguridad e higiene industrial en la empresa papeles Forma-Todo S.A. de. C.V. para la disminución de accidentes de trabajo (página 48-51)