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SECTION III PROOF OF MARRIAGE Article 1083 - Proof of marriage - The solemnisation of marriage contracted in the country shall be proved only by way of a certified copy of the competent registration except upon proof of the loss of the same because in such a case any other kind of proof is admissible. Arts.1083 to 1085 are revoked by Art.72 of the Decree No.1 of 25/12/1910 (Law of Civil Marriage). Proof of marriage is regulated by Arts.45 and 46 of the said decree, as also by the Code of Civil Registration, 1912, Arts.4 to 6 and 180. Article 1084 - Value of possession of the married status - However, no one shall challenge the existence of the marriage between deceased persons, who lived in such status, to the prejudice of their children, on the ground of absence of certified copy of marriage where the deceased had not declared the place where they solemnised it, unless it is proved by another certified copy that any one of them at the relevant time was married to a third party. Revoked, substituted by Arts.47 and 48 of Decree No.1 of 25/12/1910 (Law of Civil Marriage). Article 1085 – Proof of marriage celebrated abroad - The marriage contracted in a foreign country may be proved by any kind of proof, when in that country such acts are not subject to a regular and authentic registration. Revoked, substituted by Art.61 of Decree No.1 of 25/12/1910 (Law of Civil Marriage). See also Code of Civil Registration, 1912 Art.245. 243 SECTION IV ANNULMENT OF MARRIAGE AND ITS EFFECTS Article 1086 - Annulment of Catholic marriage - Catholic marriage may be annulled only in the Ecclesiastical Court and in the circumstances contemplated in the laws of the Church followed in this country. Revoked, see transitory provisions in Arts.65 and 66 of Art.61 of Decree No.1 of 25/12/1910 (Law of Civil Marriage). However, by Decree No.30615 of 25/07/1940, Ecclesiastical Tribunal has jurisdiction to take cognizance of nullity of catholic marriage. See Art.19 of Decree No.35461 dated 22/01/1946. Article 1087 - Limits of jurisdiction of Ecclesiastical Courts - However, the jurisdiction of the Ecclesiastical Court is restricted to the cognisance and decision of nullity and all the proceedings and acts of inquiry, which have to be done, shall be done by a letter of request addressed to the competent Civil Court. Revoked, see notes under Art.1086 of Portuguese Civil Code, 1867. See Art.19 of Decree No.35461 dated 22/01/1946. Article 1088 - Execution of Decrees - Once a judgment annulling marriage is pronounced by the Ecclesiastical Court it shall be executed by the civil authority to which it shall be officially communicated and it is the duty only of the Ecclesiastical authority to send to the priest before whom the marriage had been solemnised, a certified copy of the judgment in order to be endorsed on the margin of the respective certificate. Revoked, but Art.24(2) of Decree No.30615 of 25/07/1940 enacts a similar provision. See Art.19 of Decree No.35461 dated 22/01/1946. Article 1089 - Annulment of Civil Marriage - The annulment of the marriage contracted between Portuguese subjects as per the procedure prescribed in the Civil law may be declared only by the Civil Courts. Revoked by Arts.65 and 67 onwards of Decree No.1 of 25/12/1910 (Law of Civil Marriage). 244 Article 1090 - Irrelevance of the religion of the newly married - Such a marriage shall not be annulled on the ground of religion of the contracting parties. Though technically revoked by Art.72 of Decree No.1 of 25/12/1910 (Law of Civil Marriage), the principle remains inforce. Article 1091 - Putative marriage - Any marriage, even though annulled, shall not cease to have its civil effects from the date of its solemnisation, in relation to the spouses as well as to their children, if it is contracted in good faith by both the spouses. Revoked, substituted by Arts.30 and 31 of Decree No.1 of 25/12/1910 (Law of Civil Marriage). Article 1092 - Good faith of only one of the spouses - Where only one of the spouses had been in good faith, the said effects shall be produced only in relation to him/her and his/her children. Revoked, substituted by Arts.30(2) and 31 of Decree No.1 of 25/12/1910 (Law of Civil Marriage). Article 1093 - Fate of the children - Where the separated spouses do not arrive at an amicable settlement regarding the children, a family council organised in terms of Article 1206 shall be convened. Such council shall take steps in accordance with Article 1207 clause 3. Revoked; the matter is governed by Art.1452 onwards of Portuguese Civil Procedure Code of 1939. Article 1094 - Parental power in relation to daughters - Where both the separated spouses had been in good faith, the father shall not be entitled to separate the daughters from the company of the mother against her wish. Revoked, see Art.1455(2) of Portuguese Civil Procedure Code of 1939. Article 1095 - Effect of annulment on the assets of the spouses - The annulment of marriage shall have, regarding the properties of the spouses, the same effects which are produced by dissolution of the marriage by death. Revoked, replaced by Art.69 of Decree No.1 of 25/12/1910 (Law of Civil Marriage). See also Art.1444 onwards of Portuguese Civil Procedure Code of 1939. 245 SECTION V CONTRACT BETWEEN SPOUSES IN RESPECT OF THEIR ASSETS SUB-SECTION I GENERAL PROVISIONS Article 1096 – Ante-nuptial conventions principle of freedom - It is lawful for the spouses to stipulate, before the solemnisation of the marriage and within the bounds of law, whatever they think fit in respect of their assets. Article 1097 – External form of convention - Such contracts shall not be valid, unless they are recorded by way of public deed. Article 1098 – Presumed regime of assets - In the absence of any contract, it is deemed that the marriage is done as per the custom of the country, except when it is solemnized in contravention of the provisions of Article 1058 clause 1 and 2; because in such a case it is deemed that the spouses are married under the simple communion of acquired assets. The exceptions mentioned in this article refer to the cases contemplated under Arts.53 to 56 of Decree No.1 of 25/12/1910 (Law of Civil Marriage). Communion of assets is no longer the default regime in case of Catholic marriage referred to in Art.17 by virtue of Art.18 of Decree No.30615. Article 1099 – Contract of communion of assets between spouses - Where the spouses merely declare in their contract that they desire to marry as per the custom of the country, the provisions of Articles 1108 to 1124 shall be observed. Article 1100 – Contract of communion of acquired assets - Where the spouses merely declare that they want to marry under the simple communion of acquired properties, the provisions of Articles 1130 to 1133 shall be observed. Communion of acquired assets is the presumptive regime in cases covered by Arts.53 to 56 of Decree No.1 of 25/12/1910 (Law of Civil Marriage). 246 Article 1101 – Contract of separation of assets - Where the spouses merely declare that they want to marry under the separation of assets, the provisions of Articles 1125 to 1129 shall be observed. Separation of assets is the default regime in cases under Art.18 of Decree No.30615 of 25/07/1940. Article 1102 – Contract of dowry regime - Where the spouses want to marry under the dotal regime, the provisions of Articles 1134 to 1165 shall be observed. Article 1103 – Void terms of Contract - Any contract which may change the legal order of succession of legal heirs or the paternal and conjugal rights and obligations, laid down by law, shall be deemed as not written. Article 1104 – Reservation of maintenance - The wife is not entitled to deprive the husband, by way of ante-nuptial contract, from administering the assets of the couple; but she may reserve for herself the right to receive part of the income of her assets for pocket expenses and dispose of it freely, provided it does not exceed one-third of the said net-income. Article 1105 – Prohibition of change of Matrimonial regime - No revocation or change of ante-nuptial contract by way of new contract is permissible, after the solemnisation of the marriage. See however, Art.27 of the Law of Divorce dated 03/11/1910. Article 1106 – Contract made between Portuguese abroad - The ante-nuptial contract stipulated in a foreign country, between Portuguese subjects, shall be governed by the provisions of the present section; however the said contract may be drawn either in authentic form prescribed in that country or before the consular agents of the Portuguese Government in that country. Article 1107 – Presumed regime of assets for marriage celebrated abroad - Where the marriage is contracted in a foreign country between a Portuguese (male) and a foreigner (female), or between a foreigner (male) and a Portuguese (female) and where the contracting parties have not declared nor stipulated anything in respect of their assets, it shall be deemed that they are 247 married as per the general law of the country of the male spouse, without prejudice to what is laid down in this Code in respect of immovable assets. SUB-SECTION II MARRIAGE AS PER THE CUSTOM OF THE COUNTRY Article 1108 – Concept of communion of matrimonial estate - The marriage as per the custom of the country consists in the communion between the spouses of all their assets, present and future, not excluded by law. Article 1109 – Own Assets - The following shall be excluded from the communion: