Article 6. – Consent.
A valid marriage shall take place only when the spouses have given their free and full consent.
Article 7. – Age
1) Neither a man nor a woman who has not attained the full age of eighteen years shall conclude marriage.
2) Notwithstanding the provisions of Sub-Article (1) of this Article, the Minister of Justice may, on the application of the future spouses, or the parents or guardian of one of them, for serious cause, grant dispensation of not more than two years.
Article 8. – Consanguinity.
1) Marriage between persons related by consanguinity in the direct line, between ascendants and descendants, is prohibited.
2) In the collateral line, a man cannot conclude marriage with his sister or aunt; similarly, a woman cannot conclude marriage with her brother or uncle.
Article 9. – Affinity
1) Marriage between persons related by affinity in the direct line is prohibited.
2) In the collateral line, marriage between a man and the sister of his wife, and a woman and the brother of her husband is prohibited.
Article 10. – Filiations not Established Legally.
The existence of a bond of natural filiation which is commonly known to the community is sufficient to render applicable the impediments to marriage referred to in Articles
8 and 9, notwithstanding that the filiation is not legally established.
Article 11. – Bigamy.
A person shall not conclude marriage as long as he is bound by bonds of a preceding marriage.
Article 12. – Representation not Allowed.
1) Each of the future spouses shall personally be present and consent to the marriage at the time and place of its celebration.
2) Notwithstanding the provisions of Sub-Art. (1) of this Article, marriage by representation may be allowed by the Ministry of Justice where it has ascertained that there is a serious cause and the person who intended to do so has fully consented thereto.
Article 13. – Fundamental Error.
1) Marriage concluded as a result of error in consent shall not be valid.
2) Consent is deemed to be vitiated as a result of error where such error is a fundamental error.
3) Without prejudice to the provisions of Sub-Article (2) of this Article, the following shall be considered to be fundamental errors:
(a) Error on the identity of the spouse, where it is not the person with whom a person intended to conclude marriage;
(b) Error on the state of health of the spouse who is affected by a disease that does not heal or that can be genetically transmitted to descendants;
(c) Error on the bodily conformation of the spouse who does not have the requisite sexual organs for the consummation of the marriage;
(d) Error on the behavior of the spouse who has the habit of performing sexual acts with person of the same sex.
Article 14. – Consent Extorted by Violence.
1) Marriage concluded as a result of consent which is extorted by violence shall be valid.
2) Consent is deemed to be extorted by violence where it is given by a spouse to protect himself or one of his ascendants or descendants, or any other close relative from a serious and imminent danger or threat of danger.
Article 15. – Judicially Interdicted Persons.
1) Any person who is judicially interdicted shall not be conclude marriage unless authorized, for that purpose, by the court.
2) An application to this effect may be made by the interdicted person himself or by his guardian.
Article 16. – Period of widowhood.
1) A woman may not remarry unless one hundred and eight days have elapsed since the dissolution of the previous marriage.
2) The provision of Sub-Article (1) of this Article shall not apply where:
(a) The woman gives birth to a child after the dissolution of her marriage;
(b) The woman remarries her former husband;
(c) It is proved by medical evidence that the woman is not pregnant;
(d) The court dispenses the woman from observing the period of widowhood.
1) Marriage may be concluded before an officer of civil status.
2) Notwithstanding the provision of Sub-Article (1) of this Article, marriage may be concluded in accordance with the religion or custom of the future spouses.
Article 2. – Marriage Concluded before an Officer of Civil Status.
Marriage shall be deemed to be concluded before an officer of civil status when a man and a woman have appeared before an officer of civil status for the purpose of concluding marriage and the officer of civil status has accepted their respective consent. Article 3. – Religious Marriage.
Religious marriage shall take place when a man and a woman have performed such acts or rites as deemed to constitute a valid marriage by their religion or the religion of one of them. Article 4. – Marriage According to Custom.
Marriage according to custom shall take place when a man and a woman have performed such rites as deemed to constitute a valid marriage by the custom of the community in which they live or by the custom of the community to which they belong or to which one of them belongs.
To (name and designation of officer of Court)WHEREAS (name and description), being summoned (or brought before this Court) as a witness and this day required to give evidence on an inquiry into an alleged offence, refused to answer a certain question (or certain questions) put to him touching the said alleged offence, and duly recorded, or having been called upon to produce any document has refused to produce such document, without alleging any just excuse for such refusal, and for his refusal has been ordered to be detained in custody for (term of detention adjudged);This is to authorise and require you to take the said (name) into custody, and him safely to keep in your custody for the period of days, unless in the meantime he shall consent to the examined and to answer the questions asked of him, or to produce the document called for from him, and on the last of the said days, or forthwith on such consent being known, to bring him before this Court to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its execution.Dated, this ………..day of……….19.(Seal of the Court) (Signature)
Set Aside Judgment given in Default Art.197-Court having jurisdiction.
An application to set aside a judgment given in default may be made by the person sentenced in his absence to the court which passed the judgment.
Art.198- Time and form of application.
An application under this Title shall be made within thirty days from the date on which the applicant became aware of the judgment given in his absence and shall contain the reasons on which he bases his application.
Art.199- Grounds for granting application.
No application under this Title shall be granted unless the applicant can show:
(a) That he has no received a summons to appear: or
(b) That he was prevented by force majeure from appearing in person or by advocate.
Art.200- Action upon filing of application.
(1) on the filing of the application, a copy thereof shall be sent to the public prosecutor and the applicant and the public prosecutor shall be informed of the hearing date.
(2) Where the applicant, having been duly summoned, fails to appear on the hearing date, the application shall be dismissed.
(1) The applicant or his advocate shall speak in support of the application and the public prosecutor shall reply. The applicant shall have the right to reply.
(2) The court shall then give its decision on the application.
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