The applica on to annul a marriage shall be made within one year from the date when the party knows or
should have known of the cause for the annulment.
Ar cle 1054 A void or annulled marriage has no legal e ect ab ini o, and neither party to such a marriage
shall have any rights or du es arising from the marital rela onship. Proper es acquired during the
cohabita on period shall be disposed of by mutual agreement. Where the par es fail to reach such an
agreement, the people’s court shall adjudicate the case in compliance with the principle of favoring the nofault party. When disposing of the property acquired during a marriage which has been voided due to
bigamy, the proprietary rights and interests of the par es to the lawful marriage shall not be infringed upon.
The provisions of this Code on parents and children shall apply to the children born by the par es to a void
or annulled marriage.
Where a marriage is void or annulled, the no-fault party has the right to request for damages.
Chapter III Domes c Rela ons
Sec on 1 Spousal Rela onship
Ar cle 1055 Husband and wife are equal in marriage and family.
Ar cle 1056 Both spouses have the right to use their own surname and given name.
Ar cle 1057 Both spouses are free to engage in produc on and other work, and to study and to par cipate in
social ac vi es. Neither party may restrain or interfere with such freedom of the other party.
Ar cle 1058 Both spouses have equal rights and joint du es to raise, educate, and protect their minor
children.
Ar cle 1059 Both spouses have the duty to support each other.
The party in need of spousal support is en tled to claim such payments against the other party who has
failed to ful ll the spousal support duty.
Ar cle 1060 A civil juris c act performed by one of the spouses to meet the daily needs of the family is
binding on both spouses unless otherwise agreed between the third person and the spouse performing the
act.
Restric ons imposed by the spouses on the scope of civil juris c acts that may be performed by one of the
spouses may not be asserted against a bona de third person.
Ar cle 1061 Husband and wife have the right to inherit the estates of each other.
Ar cle 1062 The following property acquired by the spouses during their marriage cons tutes community
property and are jointly owned by the spouses:
(1) salaries and wages as well as bonuses and other remunera on received from services rendered;
(2) proceeds obtained from produc on, business opera on, and investment;
(3) proceeds arising from intellectual property rights;
(4) except as otherwise provided in Subparagraph (3) of Ar cle 1063 of this Code, property acquired from
inheritance or given as a gi ; and
(5) other property that shall be jointly owned by the spouses.
Husband and wife have equal rights when disposing of the community property.
Ar cle 1063 The following property cons tutes separate property of one of the spouses:
(1) premarital property of one spouse;
(2) compensa on or indemni ca on received by one spouse for injury in icted upon him;
(3) property that belongs to only one spouse as provided in a will or gi contract;
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