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Eigenmann Vs Guerra 5 CAR 836

Eduardo Eigenmann filed for annulment of his marriage to Maryden Guerra after two years, claiming his mother did not consent as he was between 16-20 years old. The court ruled consent can be implied if the mother was present at the wedding without objecting. It also determined Eigenmann was estopped from claiming minority, as he had represented himself as over 25 when marrying.

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328 views1 page

Eigenmann Vs Guerra 5 CAR 836

Eduardo Eigenmann filed for annulment of his marriage to Maryden Guerra after two years, claiming his mother did not consent as he was between 16-20 years old. The court ruled consent can be implied if the mother was present at the wedding without objecting. It also determined Eigenmann was estopped from claiming minority, as he had represented himself as over 25 when marrying.

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zeyn
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Case: Eigenman vs. Guerra (1964) 5 C.A. Rep.

836

-Eduardo Eigenmann married Maryden Guerra on 1957.


-Two years later, Eigenmann filed an action to annul hismarriage withGuerra on the ground that he wasbetween
ages 16-20 at that time and his mother didnot give her consent to the marriage.

ISSUE: Wether or not there was parental consent, the absence of which could render the marriage
void.

HELD: Consent may be given in any form be it written, oral or even by implication. Eigenmann’s
mother was present at the time of the celebration of marriage and did not object thereto, such that
consent can be gleaned from such act.
- Eigenmann is also estopped from asserting that he was a minor at the time of the marriage
celebration, having represented himself to be over 25 years of age

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