Chapter 7. Proof marriage
Art. 697.- Legal proofs.
Marriage may be proved only by the modes of proof provided for in this Chapter.
Art. 698.- Record of marriage.
Marriage is proved by producing the record or marriage draws up at the time of or after its celebration in accordance with law.
Art. 699.- Passion of status. – 1. Definition.
(1) In default of the record of civil status, marriage is proved by the possession of the status of spouse.
(2) Two persons have the possession of the status of spouses when they mutually consider and treat themselves as spouses and when they are considered and treated as such by their family and by society.
Art. 700.- 2. Proof and contestation.
(1) The possession of the status of spouse may be proved by producing four witness, relatives or not of the interested parties.
(2) It may be also contested b producing four witnesses, relatives or not of the interested parties.
Art. 701.- Act of notoriety.
In default of possession of status or if the possession of status is contested, the existence of the marriage is proved by an act of notoriety approved by the court.
Art. 702.- Authorization necessary.
(1) The existence of a marriage may not be proved by means of an act of notoriety unless the court authorizes such mode of proof.
(2) An application to this effect may be made at any time by any interested person.
(3) Save in case of force majeure the spouses or their heirs shall be heard.
Art. 703.- When authorization may be given.
The court may authorize the marriage to be proved by an act of notoriety where:
(a) the circumstances mentioned in Art, 146 of this Code have occurred; or
(b) a record of marriage drawn up by a religious authority is produced by the plaintiff; or
(c) a contract of marriage is produced by the plaintiff; or
(d) the defendant spouses acknowledges the existence of the marriage, or there are presumptions or circumstantial evidence resulting from constant and sufficiently serious facts to enable the court to grant the authorization.
Art. 704.- Duties of officer of civil status.
(1) The person requested to draw up an act of notoriety in connection with a marriage shall ensure that such request the given publicity, in conformity with the regulations and with the instructions given to him by the court.
(2) He shall invite third parties to record their opposition, if any, within one month form such publicity.
Art. 705.- Forms and approval.
(1) The act of notoriety aiming at proving the existence of a marriage shall indicate, in so far as possible, the date since when the marriage exists and the date, if any, on which it has ceased to exist.
(2) It shall be of no effect unless certified by four witnesses and approved by the court.
Art. 706.- Probatory value.
(1) The record of marriage or the act of notoriety approved by the court shall be effective as regards all persons.
(2) The person who alleges the falseness of either of them shall prove against it either that the marriage has not been celebrated or that it has been celebrated on a date different to that resulting from such record or act.
Art. 707.- Nullity or dissolution of marriage.
The person who alleges that a marriage is null or has been dissolved shall prove such allegation.
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