FAMILY LAW
ENGAGEMENT III MARRIAGE I
ENGAGEMENT III MARRIAGE I
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The ending of an engagement
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The results of the ending of the engagement
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The legal character of the marriage
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Conditions for a valid marriage (marriage capacity)
ENGAGEMENT III
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The engagement can be ended by
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Marriage
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The agreement of parties
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the realization of condition
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The impossilibity of marriage
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A certain impediment of marriage
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The terminmation of marriage
ENGAGEMENT III
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If the engagement is broken off and the break is intentional, the
material compensation can be demanded from the party who doesn’t obeyed its obligations.
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If the engagement is broken off without a just cause, the party can demand for the moral compensation.
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In case of a termination of engagement, the couple may ask the
restitution of gifts given for the engagement. This cannot be applied
only if the engagement is ended by the marriage.
MARRIAGE I
• Legal character
• Marriage is a legal transaction by whcihc the engaged couple forms the marriage unity.
• Marriage’s leal character is under discussion in legal doctrine. Some says that it is a afamily law contract, while others say that it is a condition-act.
• The dominant idea defended is the first one. But it is strictly eperated from the ordinary contracts where the liberty of to conclude a contract is
exercised.
MARRIAGE I
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Conditions for a valid marriage
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As it is different than other contracts and it is a family law contract, marriage has some different and strict conditions:
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Marriage capacity
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Not having a marriage impediment
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Formal conditions of marriage
MARRIAGE I
• Marriage capacity
• Marriage capacity is different than the capacity to have rights and obligations in some ways. Because marriage is considered as an important contract in social life.
• There is an age condition for marriage. According to art. 124/I of TCC, «women and men cannot mary before having 17 years of age.». It is called the ordinary age of marriage.
• The extraordinary age of marriage is 16. It can only happen if and only if there is an extraordinary situation and a very important reason after judge’s decision.
MARRIAGE I
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Discretionary power
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Discretionary power has also plays a role in marriage capacity..
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According to art. 125 «persons not having the discretionary power cannot mary».
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Discretionary power for marriage is about to understand the meaning
and conditions of the marriage.
MARRIAGE I
• The types of the legal capacities of marriage
• Full legal capacity: People having more than 18 years of age, the discretionary power and not being restricted can mary without ant consent of the legal
peresentative.
• Full lack of legal capacity: People not having the disretionary power of marriage
• Limited legal capacity: People having 17 years of age and discretionary power or people being restricted and having discretionary power. These persons can mary only with the consent of their legal representative.
