FAMILY LAW

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

• 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.