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Effects Of Violations Of Essential Conditions Of Marriage

CHAPTER TWO
EFFECTS OF VIOLATIONS OF ESSENTIAL CONDITIONS OF MARRIAGE

Article 31. – Age
1)    Without prejudice to Sub-Article (2) of Article 7 of this Code, marriage concluded by a man or a woman under the age of eighteen years shall dissolve on the application of any interested person or the public prosecutor.
2)    It may no longer be applied for after the age required by law of marriage is satisfied.

Article 32. – Consanguinity of Affinity.
The dissolution of marriage concluded in violation of impediments arising out of consanguinity or affinity shall be ordered on the application of any interested person or the public prosecutor.

Article 33. – Bigamy
1)    The dissolution of a bigamous marriage shall be ordered on the application if either of the spouses of bigamous marriage or the public prosecutor.
2)    The dissolution mentioned on Sub-Article (1) of this Article may no longer be applied for where the former  spouse of the bigamous marriage has died.

Article 34 . – Dissolution of Marriage of a Judicially Interdicted person.
1)    Where a judicially interdicted person has contracted marriage without prior authorization of the court, the dissolution of such marriage may be requested from the court by the judicially interdicted person himself or by his guardian.
2)    The judicially interdicted person may no longer make an application for dissolution six months after the date of termination of his disability.
3)    An application for dissolution by the guardian may no longer be made six months after the day on which the guardian came to know the existence of the marriage or in any case, after the disability of the interdicted person has ceased.

Article 35. – Act of Violence
1)    Whosoever has concluded marriage under the influence of violence may apply to the court to order the dissolution thereof.
2)    Such an application may not be made six months after the cessation of such violence and, in any case, two years after the conclusion of the marriage.

Article 36. – Error
1)    Whosoever has concluded marriage due to fundamental error, may apply to the court to order the dissolution thereof.
2)    Such an application may not be made six months after the discovery of such error, and , in any case, two years after the conclusion of the marriage.

Article 37. – Period of Widowhood.
The dissolution of marriage may not be ordered for the sole reason that the period of widowhood specified under Sub-Article (1) of Article 16 has not been observed.

Article 38. – Incompetence of Officer of Civil Status.
The dissolution of marriage may not be ordered solely on the ground of incompetence of the officer of civil status who celebrated the marriage.

Article 39. – Non-Observance of Formalities.
The dissolution of marriage may not be ordered on the sole ground that the formalities of celebration specified under Sub Articles (3) and (6) of Article 25 have not been observed.