Essential Conditions of Marriage


Essential Conditions of Marriage

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

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