MARRIAGE

Marriage is the union voluntarily entered into by a man

DEFINITION and a woman legally fit for it and formalized subject to the
provisions of this Code, in order to make common life.

ARTICLE 234
OF CIVIL CODE

Husband and wife have at home authority, considerations,

rights, equal duties and responsibilities.
 DUTIES AND RIGHTS ARISING FROM MARRIAGE

•Common obligations of •Duty of cohabitation •Equality in the home

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

Period of 2
No minimum continuous and
term uninterrupted
years

Separation of Community
property property

Marital status No civil status

Presumption of No presumption
paternity of paternity

Cohabitation at
Spouse is a
the time of the
forced heir
death
 MOMENTS OF THE CELEBRATION OF
MARRIAGE
The law requires a mandatory procedure, this procedure comprises four
important moments and these are:

DECLARATION OF
THE MARITAL
PROJECT

PUBLICATION OF THE DECLARATION OF

DECLARATION CAPACITY

THE CELEBRATION OF
MARRIAGE
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.

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.
 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.
 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.
 ABSOLUTE
AND
RELATIVE
IMPEDIMENT
S
Article 241.- Absolut Impediments
The can’t get married:

Those who suffer from

chronic disease, Those who suffer
The teenagers contagious and chronically from mental
transmissible by illness
inheritance

The deaf and dumb, the The married.

blind and the blind
Article 242.- Relative impediments
They can not marry each other:

The The The affinities

consanguine consanguine in a straight
ous in a ous in line
straight line collateral line
The affines in the
second degree of
The person
the collateral line
The adopter, the condemned as a
when the marriage
adoptee and their participant in the The abductor with
that produced the
relatives in the intentional the kidnapped
affinity was
lines. homicide of one of
dissolved by
the spouses
divorce and the
ex-spouse lives
CAUSES OF ANNULMENT OF MARRIAGE
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.

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).

3. The abductor with the abducted or the reverse or the marriage made with violent retention.

4. Who is not in full exercise of their mental faculties for a temporary cause.
CAUSES OF ANNULMENT OF MARRIAGE
ARTICLE 277º. - THE MARRIAGE IS VOIDABLE:

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.

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.

7. Who suffers from absolute impotence at the time of celebrating it.

8. Who, in good faith, celebrates it before an incompetent official, without prejudice to the
administrative, civil or criminal responsibility of said official.
CAUSES OF ABSOLUTIVE NULLITY OF MARRIAGE
ARTICLE 274º. - THE MARRIAGE IS VOIDABLE:

Of
consanguine
Of the ous or
Married related in a
The deaf-
mute straight line
The
mentally ill
 Of the convicted person
for wilful homicide of
one of the spouses with
Of the Kindred in second the survivor referred to in
degree of the collateral article 242, paragraph 6.
line when the previous
Of the consanguineous in marriage was dissolved
second and third degree by divorce and the ex-
of the collateral line. spouse lives.
 Of the parties who, acting
both in bad faith, celebrate
it before an incompetent
Of those who celebrate it official, without prejudice
with disregard of the to the administrative, civil
procedures established in or penal responsibility of
articles 248 to 268 the latter.