Art. 48. In all cases of annulment or declaration of absolute nullity of
marriage, the Court shall order the prosecuting attorney or fiscal assigned to it
to appear on behalf of the State to take steps to prevent collusion between the
parties and to take care that evidence is not fabricated or suppressed.
In the cases referred to in the preceding paragraph, no judgment shall be
based upon a stipulation of facts or confession of judgment.
Prosecuting attorney or fiscal should:
1. Take steps to prevent collusion between the parties
2. Take care that evidence is not fabricated or suppressed
NOTE: No judgment shall be based upon a stipulation of facts or confession of judgment.
Art. 52. The judgment of annulment or of absolute nullity of the
marriage, the partition and distribution of the properties of the spouses and the
delivery of the children’s presumptive legitimes shall be recorded in the
appropriate civil registry and registries of property; otherwise, the same shall
not affect third persons.
The following must be accomplished:
1. Partition and distribution of the properties of the spouses
2. Delivery of the children’s presumptive legitimes
3. Recording of the judgment of annulment or of absolute nullity. The partition and
distribution and the delivery of the children’s presumptive legitimes in the
appropriate civil registry and registries of property. (Otherwise, the same shall not
affect 3rd persons)
Failure to comply with Article 52 shall render the subsequent marriage null and void.
