- Slides: 10
FAMILY LAW MARRIAGE II
MARRIAGE II • Marriage conditions • Impediments of marriage • Formal conditions of marriage
MARRIAGE II • Impediments of marriage • Someone having the legal capacity of marriage can mary, if and only if there isn’t any marriage impediments. • They are stipulated under the artciles between 129 and 133 of TCC. • There exist two type of impediments: • Absolute marriage impediments • Nonabsolute marriage impediments
MARRIAGE II • Absolute marriage impediments • 1. Kinship • - Kinship by blood • According to art. 129 para. 1: « the marriage is prohibited between ascendants and descendants, brothers and sisters, between aunts, uncles and their nephews and nieces. » • The main reason for this type of marriage impediment is to prevent familial marriages.
MARRIAGE II • - Kinship by marriage • People having kinship by marraige cannot marry even though the marriage has ended. • - Adoption • People having adoption relationship cannot marry.
MARRIAGE II • 2. Existence of present marriage • The person who wants to marry again should proove that the previous marriage has ended. • This is a reslut of the monogamy principle. • 3. Mental illness • Mentally ill persons cannot marry. They. Can marry only if they can proove that there isn’t any impediment for marriage with a medical report.
MARRIAGE II • Nonabsolute marriage imprediments: • These impediments won’t make the marriage invalid. They just create an obligation for the marriage officers not to conclude a marriage. • 1. Period of delay: women cannot marry in 300 days after the first marriage’s ending day. • 2. Some contagious deseases: In case they exist in one party of the couple, the marriage cannot be concluded. These are deseases set by codes.
MARRIAGE II • Formal conditions of marriage • Before the marriage: • the application of marriage • inspection of the application • the permission document for marriage
MARRIAGE II • Formal conditions of marriage • During the marriage ceremony: • The marriage ceremony will be held in front of the marriage officer and two witnesses. • The officer will ask the couple whether they want to marry or not, and after their positive responses, the officer declares that the engaged couple is married. • Witnesses should have full legal capacity.
MARRIAGE II • Formal conditions of marriage • After the marriage ceremony: • The marriage officer will give the marriage certificate to couple. • The marriage will be notified to the civil registry. • The religious marriages are not valid according to the Turkish law.