Civil Law and Land Titles and Deeds › Special Contracts › Credit Transactions › Guaranty and Suretyship
b. Effects
Effects of Decree of Annulment
- Termination of the marital bond, as if it had never been entered into, but the effects thereof are not totally wiped out;
- Children conceived or born before the judgment of annulment has become final and executory are considered legitimate;
- Absolute community property regime or the conjugal partnership property regime is terminated or dissolved and the same shall be liquidated in accordance with the provisions of Arts. 102 and 129;
- The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in the insurance policy even if the designation is irrevocable;
- The spouse who contracted the marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession; and
- Donation propter nuptias. GR: It shall remain valid. XPN: If the donee spouse acted in bad faith, the donor may revoke the donation.
Effect of delivery of evidence of credit to debtor
If the creditor voluntarily delivers the private document evidencing the credit to the debtor, there is a presumption that he renounces his right of action against the latter for the collection of the said credit.
NOTE: The presumption here is only prima facie and may be overcome by contrary evidence.