In order that any change in the marriage contract be valid it must be made before the celebration of the marriage and in the presence and with the concurrence of the persons who took part in the contract as contracting parties. The attendance of the same witnesses shall not be necessary.
Any of the persons who attended the execution of the original contract can only be substituted by another, or his attendance may not be required when, by reason of death or any other legal reason, at the time of the execution of the new stipulation or the modification of the preceding one, attendance is impossible or should not be necessary according to law.
History —Civil Code, 1930, § 1271.