FAMILY LAW MARRIAGE III MARRIAGE III The invalidity

FAMILY LAW MARRIAGE III

MARRIAGE III • The invalidity of marriage • The inexistence of marriage • Annulment of marriage • Ending of a marriage • Death and disappearance

MARRIAGE III • The invalidity of marriage • Different reasons results different types of invailidity. • Types of invalidity of marriage are inexistence, absolute annulment and relative annulment. • Only the results of inexistence appears per se. In other words, if there is a reason of annulment, before the annulment decision of the judge, the marriage will be a valid marriage.

MARRIAGE III • The inexistence of marriage will be taken into consideration by all authorities, including the judge per se. • If the couple have the same gender or the marriage are not concluded in front of a marriage officer or the both parties were not ready during the marriage ceremony in front of the marriage officer, the marriage will be inexistent. • These type of marriages cannot become valid in time or any other condition. They are invalid without any exception.

MARRIAGE III • The annulment of marriage • The annulment of the marriage will be ocur if the constitutive elementts of the marriage are existing but thee is a lack in validity conditions, especially in case there exist impediments of marriage. • For a marriage to be annuled, there should be a judge’s decision about it.

MARRIAGE III • The absolute annulment of marriage • The reasons for the absolute annulment of the marriage are situated in art. 145 of TCC. • The reasons are different than the general invalidity conditions of the legal transactions. • The reasons are present marriage, deficiency of capacity to make rational judgment, presence of prohibited degrees of kinship in between spouses and mental illness. • Theese reasons are fixed by the law, they cannot be changed.

MARRIAGE III • The relative annulment of marriage • In this case also, the marraige will have results as a valid marraige till the judge’s annulment decision. • The reasons for relative annulment are absence of discretionary power for a temporary reason, defects in intent and the lack of the consent of the legal representative. • These reasons are also fixed by the law and cannot be changed.

MARRIAGE III • The case of the absolute annulment of marriage can be opened by the prosecutor and every one who is related with this case. • The decision of the annulment is not ex tunc, it is ex nunc. • The marriage will be ended between spouses. But the marriage empediment are still existing for them. • The legal inheritence rights between spouses will end after the decision.

MARRIAGE III • The ending of marriage • A validly formed marriage’s end can be for different reasons such as • Death, • Disappereance, • Sex reassignment • And divorce

MARRIAGE III • In case of death of a spouse, the marriage ends per se. The alive spouse will be among the legal heritents of the dead spouse. • In case of disappereance, the marriage won’t end per se, the spouse should asks for the dissolution of the marriage. • In case of the sex reassignment, the marriage will end per se, as the same sex marriage is a marriage impediment.