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3. Action for Annulment
Both the absolute and relative annulment of the marriage cases are resolutory formative…
As per Article 146 of the TCC; “The action for absolute nullity can be commenced ex officio by the Public Prosecutor. The mentioned action can either be filed by any relevant person”.…
If the action is commenced by the Public Prosecutor or the relevant persons as the…
The absolute annulment action can be commenced any time, because there is no prescription…
After dissolution of the marriage, the annulment shall no longer be pursued ex officio;…
As per Art. 147/ paragraph 2; “In cases where the discretionary power has been acquired afterwards, or sanity has been recovered, action for absolute annulment may only be commenced by the spouse who acquired his/her discretionary power afterwards, or whose mental illness has been healed…
In such conditions the absolute nullity turns into relative nullity. The Public Prosecutor…
As per Art. 147/ paragraph 3; “If the previous marriage of the person who got remarried somehow dissolves before the resolution of absolute annulment, and the other spouse in the second marriage is in good faith, the second marriage shall not be annulled”.…
In the relative annulment cases, if the ground is deprivation of the discretionary…
The right to file the relative annulment suit is a strictly dependent right and for…
As per Article 152 of the TCC, “The action for annulment, shall be filed within six months after the requesting party learns of the reason for annulment or after cessation of the threat and in any case however, within the five years following the marriage ceremony”.…
As per Article 153/ paragraph 2; “If a person marrying as such, later on reaches majority by turning into eighteen years of age, comes out of being ward of court or the wife becomes pregnant, than the relative annulment of the marriage may not be resolved”…
Competent court is the court of the domicile of one of the spouses or that of the…
The annulment of the marriage is not retroactive. So the annulment of a marriage…
With respect to the effects of the judgment on the annulment in terms of the spouse…
With the declaration of annulment, the marriage will be terminated, marriage bond…
Provisions regarding divorce shall apply by analogy to the dissolution of marital…
The marriage shall have all effects of a valid marriage with the exception of claims…
What happens if one of the spouses die before the resolution of the annulment of…
Another issue that has to be discussed is; if one of the spouses has acquired majority…
c. Lack of the consent of the legal representative
VI. DEATH AND DISAPPEARANCE
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