Arhive abolition of marriage - Quick Consulting

Abolition of marriage

Cases of nullity

Classification

-from regulation: expressive or virtual

-from interest protected: absolute and relative

The absolute nullities of marriage
Insignificant fundraising

-lips of sex difference

-Law of consent

– Breach of legal provisions on matrimonial age

– the marriage’s effectiveness

1.is marriage concluded for purposes other than the founding of a family
2.the legal nature is that of the simulation
3.the agreement is simulatory
4.the simulation effects can not be applied because the simulation is encountered in patrimonial documents

-the nullity of fictional marriage

1.lack of the necessary cause of marriage; the unlawful cause because it pursues another purpose
2.lack of consent
3.fraud law

– The fictive marriage certificate can be done with any means of proof

– the invalidity can be covered if, after marriage, normal family relationships are formed; if the wife is pregnant or has passed 2 years after the close of marriage

The elements on which it can be found that a marriage of convenience:

1.matrimonial cohabitation does not exist
2.Wives did not meet before marriage
3.lack of an effective contribution to the fulfillment of the obligations of marriage
4.the spouses do not speak a language understood by both
5.there is data that one of the husbands had previously completed a conventional marriage
6.Wives are inconsistent; there are inconsistencies in the disclosure of personal data or the circumstances in which they were known (or other relevant data about them)
7.the end of the marriage was conditioned by the payment of a sum of money between spouses; with the exception of the amounts received as a grant

Negative background negations

– marriage marriage by a married person

-inclusion of marriage between relatives of a degree prohibited by law

-checking the marriage ended with mental alienation or mental debilitation

-units that sanction the violation of formalities at the celebration of marriage

-the violation of the material competence of the civil status officer

-the marriage ended with the violation of the formalities stipulated by the law for its celebration

The Legal Regime of Absolute Nullity of Marriage

– Or the interested person can bring the action

-this action is impressible

-the ability to cover absolute nullity

1.those caused by the marriage breakdown
2.those imposed by the degree of kinship impediment; if the birth dispensation was obtained even after the marriage ended
3.fictive marriage
4.violation of the material incompetence of the civil status officer

– the abbreviation can not be covered in the following cases:

1.same-sex marriage
2.in the case of bigamy
3.in the case of marriage between close kinship relatives
4.in case of mental alienation or mental debilitation
5.in case of breach of formalities regarding the marriage celebration publicly and in the presence of witnesses

Relative nullity of marriage

cases

– the passage of laws required by law

-conscientiousness

– Discourse of discernment

-tutela

The legal regime

– Marriage annulment can be requested only by interested persons

-the action prescription is 6months

– the invalidity is covered by the consent of the affected husband

Following the nullity, the wives return to the previous situation as if the marriage had not ended. The husband of good faith keeps some of the effects of marriage.

Canceling marriage is not another way of divorce.