Chapter 4. Sanction of the conditions of marriage
Section 1. Conditions common to all forms of marriage.
Art. 607.- Age – 1. Criminal sanction.
(1) An officer of civil status or authority having celebrated the marriage of a man under eighteen years of age or a woman under fifteen years of age shall be liable to the punishments provided in the Penal Code if he knew or should have known such circumstances.
(2) The bridegroom or the bridge or the bride who is madder eighteen or fifteen years of age respectively, the persons who have consented to the marriage and the witness shall be liable to the punishments provided in the Penal Code.
Art. 608.- 2. Dissolution of marriage.
(1) The dissolution of the marriage shall be ordered in the a case mentioned in Art. 607 on the application of any interested person or of the public prosecutor.
(2) It may no longer be applied for after the conditions of age required by law for marriage are satisfied.
Art. 609.- Consanguinity or affinity – 1. Dissolution of marriage.
The dissolution of a marriage celebrated notwithstanding an impediment arising out of consanguinity or of affinity shall be ordered on the application of any interested person or of the public prosecutor.
Art. 610.- 2. Criminal sanction.
(1) An officer of civil status or authority having celebrated a marriage between two persons, notwithstanding an impediment arising out of consanguinity or of affinity, shall be liable to the punishments provided in the Penal Code, if he knew or should have known of such circumstance.
(2) The spouses, the persons who have consented to the marriage and the witness shall be liable to the punishments provided in the Penal Code, if they knew or should have known of the bond of consanguinity or of affinity.
(3) The punishments referred to in sub-arts. (1) and (2) shall not apply unless the dissolution of the marriage has been ordered by the court.
Art. 611.- Bigamy. – 1. Criminal sanction.
(1) An officer of civil status or authority having celebrated the marriage of a person bound by the bounds of a previous marriage, shall be liable to the punishments provided in the Penal Code, if he knew or should have known of such circumstance.
(2) The spouses, the persons who have consented to the marriage and the witnesses shall be liable to the punishments provided in the Penal Code, if they knew or should have known of such circumstance.
Art. 612.- 2. Dissolution of marriage.
(1) In the case mentioned in Art. 611 the dissolution of the marriage shall be ordered, on the application of either of the spouses of the bigamous spouse or on the request of the public prosecutor.
(2) The court shall not order dissolution unless it is established, in an indisputable manner, that the former spouse of the bigamous spouse was alive at the time when the marriage was celebrated.
Art. 613.- 3. Validation.
The marriage contracted by the bigamous spouse shall become valid on the day when the former spouse dies.
Art. 614.- Marriage of incapacitated person. – 1. Criminal sanction.
(1) An officer of civil status or authority having celebrated the marriage of a minor or of an interdicted person without the necessary authorizations shall be liable to the punishments provided in the Penal Code, if he knew or should have known that the spouse was a minor or an interdicted person.
(2) The spouse of such minor or interdicted person and the witnesses shall be liable to the punishments provided in the Penal Code.
Art. 615.- Dissolution of marriage.
(1) The dissolution of the marriage may be requested from the court by a minor or by an insane person who is interdicted or by a person who should have consented to the marriage of the minor or by the guardian of the interdicted person.
(2) An application for dissolution may no longer be made by the incapacitated person six months after the termination of his disability.
(3) It may no longer be made by the other persons six months after the day on which they came to know of the existence of the marriage and, in any case, when the disability of the minor of interdicted person has ceased.
Art. 616.- Defect of violence. – 1. Criminal sanction.
(1) Whosoever by violence forced a person to consent to a marriage and the witnesses of such marriage shall be liable to the punishment provide into the penal Code.
(2) An officer of civil status or authority having celebrated such marriage shall be liable to the punishments provide in the Penal Code, if he knew or should have known of such circumstance.
Art. 617.- 2. Dissolution to marriage.
(1) A person who has contracted a marriage under the influence of violence may apply to the court to order the dissolution thereof.
(2) Such application may not be made six months after the cessation of such violence and, in any case, two years after the celebration of the marriage.
Art. 618.-Error.
(1) Whosoever has contracted a marriage under the influence of an error of substance may apply to the court to order the dissolution thereof.
(2) Such application may not be made six months after the discovery of such error, and, in any case, two years after the celebration of the marriage.
Art. 619.- Opposition.
(1) An officer of civil status or authority having celebrated a marriage notwithstanding an opposition validly made to such marriage (Art. 592-594), shall be liable to the punishments provided in the Penal Code.
(2) The spouses who are over eighteen years of age, he persons who have consented to the marriage and he witnesses shall be liable to the punishments provide in the Penal Code.
(3) The dissolution of the marriage may not be ordered for the sole reason that an opposition has not been taken into consideration.
Art. 620.- Period of widowhood.
(1) As officer of civil status or authority having celebrated the marriage of a woman before the expiration of the period of widowhood (Art. 596) shall be liable to the punishments provided in the Penal Code.
(2) The spouses, the persons who have consented to the marriage and the witnesses shall be liable to the punishments provide in the Penal Code.
(3) The dissolution of the marriage may not be ordered for the sole reason that the period of widowhood has not been observed.
Section 2. Civil Marriage
Art. 621.- Incompetence of officer of civil status.
(1) An officer of civil status who celebrates a marriage when the condition of residence required by the Code is not satisfied.(Art. 597) shall be liable to the punishments provide in the Penal Code, if he know or should have known of such circumstance.
(2) The spouses and the witnesses of such marriage shall be liable to the punishments provided in the Penal Code.
(3) The dissolution of the marriage may not be ordered solely on the ground of incompetence of the officer of civil status.
Art. 622.- Non-observance of formalities.
(1) An office of civil status who celebrates a marriage without observing the provisions relating to such celebration (Art. 603 and 604) shall be liable to the punishments provided in the Penal Code.
(2) The dissolution of the marriage may not be ordered on the ground of such circumstances.
Section 3. Other Marriages.
Art. 623.- Nullity.
(1) The annulment of a marriage may not be ordered by the court on the ground that some conditions or formalities required by religion or by custom have not been observed.
(2) The annulment of a religious marriage ordered by the religious authorities shall only constitute a serious ground for divorce.
(3) The annulment of a marriage according to custom ordered by the customary authorities shall be of no legal effect.
Art. 624.- Fine and damages.
(1) The conditions and formalities required in the case of a religious marriage or of a marriage according to custom may be sanctioned by a condemnation to a fine or by a condemnation to pay damage to the injured party, according to the religion or custom concerned.
(2) Notwithstanding any custom or stipulation to the contrary, the court may reduce the amount of such fine or damages as are due where such amount appears to it to be excessive.
(3) It may also refuse to give effect to the custom relating to such matter if it appears to it to be unreasonable or country to equity or to morality.
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