1.

NOTION OF MARRIAGE

Article 234 of Civil Code:

Marriage is the union voluntarily entered into by a man and a woman legally fit for it
and formalized subject to the provisions of this Code, in order to make common life.

Husband and wife have at home authority, considerations, rights, equal duties and
responsibilities.

1.1 DUTIES AND RIGHTS ARISING FROM MARRIAGE

 Common obligations of the spouses
Article 287º: The spouses are mutually bound by the fact of marriage to feed
and educate their children.
 Duty of fidelity and assistance 
Article 288º: The spouses owe each other fidelity and assistance. 
 Duty of cohabitation
Article 289: It is the duty of both spouses to live together in the conjugal
home. The judge may suspend this duty when its performance would
seriously endanger the life, health or honour of either spouse or the economic
activity on which the maintenance of the family depends.
 Equality in the home
Article 290º: Both spouses have the duty and the right to participate in the
government of the home and to cooperate in its better development.
Both are equally responsible for establishing and changing the marital home
and deciding on matters relating to the household economy.
3. DIFFERENCES BETWEEN MARRIAGE AND DOSMETIC PARTNERSHIP

MARRIAGE DOMESTIC PARTNERSHIP

 There is no minimum term.  It requires to be legally recognized a minimum
period of two continuous and uninterrupted
years of coexistence that is verifiable to achieve
purposes and fulfill duties similar to those of
marriage.

 You have the option of choosing the
patrimonial regime of Separation of
Property.
 The patrimonial regime is unique and forced. It
is only compatible with the Community
property. All the goods and income obtained
during the validity of the coexistence, belong to
the spouses in equal parts.

 Marital status  It is not a recognized civil status.

 When a child is born, the presumption of  The presumption of paternity is not applicable.
paternity may apply.

 The spouse is a forced heir.  The cohabitation must be in force at the time of
the death of any of its members, that is, the law
only establishes succession effects for Perfect
Domestic partnerships.

4. MOMENTS OF THE CELEBRATION OF MARRIAGE

The law requires a mandatory procedure, this procedure comprises four important
moments and these are:

4.1. DECLARATION OF THE MARITAL PROJECT

It is the first moment of marriage.

Here manifests the express will of the suitors to marry.

They must also prove that they are legally, by submitting corresponding
documents.
Check in the offices of the mayor's office or the registry of civil status.
The statement can be made orally or in writing.
Is regulated in the articles: 248 and 249 of the civil code.

Required documents:
-Birth certificate and copy.
-Home certificate or receipt of water, electricity or telephone.
-ID and copies
-Prenuptial medical certificate.

4.2. PUBLICATION OF THE DECLARATION

Once the declaration of the marital project has been made, the mayor must order
the posting of the notices in writing at the municipal location, in a visible place
for eight consecutive days and per newspaper only once (Art 250 C.C.)

In the so-called publicities or marriage edicts, the following information must be

recorded: name, nationality, age, profession, education, profession, address of
the parties, place where the marriage will be celebrated and the warning of
anyone who knows of the existence of a Disability You must report.

4.3. DECLARATION OF CAPACITY

After the deadline for the publication of the marriage edicts, however, has been
reported in the future, the mayor declare the capacity of the contracting parties,
that is, they are capable and suitable for the case, also having until the next
months to contract marriage Once this time has expired, he must present a new
file, since impediments may have occurred during this period. This act is carried
out after the period indicated for the publication of the notices without there
having been opposition or rejection to it.

4.4. THE CELEBRATION OF MARRIAGE

It is the most important act of marriage, which must also be concurrent for future
consorts, and that have been granted. It is a formal, public and solemn act, which
is performed for the public official who is the mayor who attests to the act and
the presence of witnesses for each of the spouses, sitting the corresponding
minutes.
5. GROUNDS FOR NULLITY OF MARRIAGE
5.1. ABSOLUTIVE NULLITY
Article 274.-Grounds for annulment of marriage
Marriage is null:
1.-The mentally ill, even if the disease is manifested after the event or that has
lucid intervals. However, when the patient has recovered the fullness of his
faculties, the action corresponds exclusively to the injured spouse and expires if
he does not exercise within one year of the day that the disability ceased.

2. The deaf-mute, Ciegosordo and ciegomudo who do not know how to express
their will in a indubitable way.
However, if they learn to express themselves without a doubt, the provisions of
paragraph 1 apply.

3. Of the Married. However, if the first spouse of the bigamist has died or if the
first marriage has been invalidated or dissolved by divorce, only the second
spouse of the bigamist may sue for invalidity, provided that he or she has acted
in good faith. The action expires if it does not overlap within one year from the
day you learned of the previous marriage.
In the case of the new marriage contracted by the spouse of a missing person
without the alleged death of the deceased, it can only be challenged, as long as
the state of absence, by the new spouse and provided that it had proceeded in
good faith.
In the case of marriage contracted by the spouse of the person who was allegedly
killed, article 68 is applicable.

4. Of consanguineous or related in a straight line.

5. Of the consanguineous in second and third degree of the collateral line.

However, in the third degree, the marriage will be validates if the judicial
dispensation of the kinship is obtained.
 6. Of the Kindred in second degree of the collateral line when the previous
marriage was dissolved by divorce and the ex-spouse lives.

7. Of the convicted person for wilful homicide of one of the spouses with the
survivor referred to in article 242, paragraph 6.

8. Of those who celebrate it with disregard of the procedures established in

articles 248 to 268. However, it is validated if the parties have acted in good
faith and remedied the omission.

9. Of the parties who, acting both in bad faith, celebrate it before an incompetent
official, without prejudice to the administrative, civil or penal responsibility of
the latter. The action cannot be raised by the spouses.

5.2. RELATIVE NULLITY

Article 277º. - The marriage is voidable:

1. Of the impuber. The claim can be exercised by him after reaching the age of
majority, by his ancestors if they had not agreed to the marriage and, in the
absence of these, by the family council. An annulment can not be requested after
the minor has reached the age of majority, or when the woman has conceived.
Even if the annulment has been declared, the spouses of legal age can confirm
their marriage. The confirmation is requested to the Justice of the Peace of the
place of conjugal domicile and is processed as a non-contentious process. The
resolution that approves the confirmation produces retroactive effects.

2. Who is prevented according to Article 241, paragraph 2 (Those who suffer from
a chronic, contagious and transmissible disease inheritance, or vice that
constitutes danger to the offspring). The action only can be attempted by the
spouse of the patient and expires if it is not filed within one year from the day he
became aware of the ailment or vice.
3. The abductor with the abducted or the reverse or the marriage made with violent
retention. The action corresponds exclusively to the aggrieved party and will
only be admissible if the abduction or violent retention is raised within one year
of cessation.

4. Who is not in full exercise of their mental faculties for a temporary cause. The
action can only be filed by him, within two years of the celebration of the
marriage and provided he has not made common life for six months after the
case disappeared.

5. Who gets it by mistake about the physical identity of the other contracting party
or for ignoring any substantial defect in it that makes common life unbearable.
Substantial defects are considered: dishonorable life, homosexuality, drug
addiction, serious chronic illness, conviction for intentional crime of more than
two years of custodial sentence or concealment of sterilization or divorce. The
action can be exercised only by the injured spouse, within a period of two years.

6. Whoever contracts it under threat of a serious and imminent evil, capable of

producing in the threatened one a state of fear, without which he would not have
contracted it. The judge will appreciate the circumstances, especially if the threat
was directed against third parties. The action corresponds to the injured spouse
and can only be filed within two years of the agreement. Simple reverential fear
does not nullify marriage.

7. Who suffers from absolute impotence at the time of celebrating it. The action
corresponds to both spouses and is expeditious as long as impotence persists.
Cancellation is not applicable if neither spouse can perform sexual intercourse.

8. Who, in good faith, celebrates it before an incompetent official, without

prejudice to the administrative, civil or criminal responsibility of said official.
The action corresponds only to the spouse or spouses in good faith and must be
filed within six months of the conclusion of the marriage.