Key Concepts in Succession Law Key Concepts in Succession Law Explore the fundamental concepts and principles of the Law of Successions. Click on any section below to learn more. 🏛️ General Considerations & Patrimony Definition of succession and the concept of patrimony. ⏳ Opening of Succession Time and place where succession begins. 💎 Inheritable Property Scope of the hereditary estate, including corporeal and incorporeal rights. 👤 Capacity to Inherit Who has the legal right to inherit. 🚫 Unworthiness to Succeed Grounds...
CHAPTER TWO EFFECTS OF VIOLATIONS OF ESSENTIAL CONDITIONS OF MARRIAGE
Article 31. – Age
1) Without prejudice to Sub-Article (2) of Article 7 of this Code, marriage concluded by a man or a woman under the age of eighteen years shall dissolve on the application of any interested person or the public prosecutor.
2) It may no longer be applied for after the age required by law of marriage is satisfied.
Article 32. – Consanguinity of Affinity.
The dissolution of marriage concluded in violation of
impediments arising out of consanguinity or affinity shall be ordered on the
application of any interested person or the public prosecutor.
Article 33. – Bigamy
1) The dissolution
of a bigamous marriage shall be ordered on the application if either of the
spouses of bigamous marriage or the public prosecutor.
2) The dissolution
mentioned on Sub-Article (1) of this Article may no longer be applied for where
the former spouse of the bigamous
marriage has died.
Article 34 . – Dissolution of Marriage of a Judicially
Interdicted person.
1) Where a
judicially interdicted person has contracted marriage without prior
authorization of the court, the dissolution of such marriage may be requested
from the court by the judicially interdicted person himself or by his guardian.
2) The judicially
interdicted person may no longer make an application for dissolution six months
after the date of termination of his disability.
3) An application
for dissolution by the guardian may no longer be made six months after the day
on which the guardian came to know the existence of the marriage or in any
case, after the disability of the interdicted person has ceased.
Article 35. – Act of Violence
1) Whosoever has
concluded marriage under the influence of violence may apply to the court to
order the dissolution thereof.
2) Such an
application may not be made six months after the cessation of such violence
and, in any case, two years after the conclusion of the marriage.
Article 36. – Error
1) Whosoever has
concluded marriage due to fundamental error, may apply to the court to order
the dissolution thereof.
2) Such an
application may not be made six months after the discovery of such error, and ,
in any case, two years after the conclusion of the marriage.
Article 37. – Period of Widowhood.
The dissolution of marriage may not be ordered for the sole
reason that the period of widowhood specified under Sub-Article (1) of Article
16 has not been observed.
Article 38. – Incompetence of Officer of Civil Status.
The dissolution of marriage may not be ordered solely on the
ground of incompetence of the officer of civil status who celebrated the
marriage.
Article 39. – Non-Observance of Formalities.
The dissolution of marriage may not be ordered on the sole
ground that the formalities of celebration specified under Sub Articles (3) and
(6) of Article 25 have not been observed.
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