FAMILY LAW
MARRIAGE II
MARRIAGE II
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Marriage conditions
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Impediments of marriage
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Formal conditions of marriage
MARRIAGE II
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Impediments of marriage
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Someone having the legal capacity of marriage can mary, if and only if there isn’t any marriage impediments.
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They are stipulated under the artciles between 129 and 133 of TCC.
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There exist two type of impediments:
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Absolute marriage impediments
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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
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- Kinship by marriage
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People having kinship by marraige cannot marry even though the marriage has ended.
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- Adoption
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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
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Formal conditions of marriage
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Before the marriage:
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the application of marriage
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inspection of the application
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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
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Formal conditions of marriage
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After the marriage ceremony:
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The marriage officer will give the marriage certificate to couple.
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The marriage will be notified to the civil registry.
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