Chapter 9. Conflicts in cases relating to marriages,
Divorces and irregular unions
Art. 722.- Existence of valid betrothal.
Only the court is competent to decided whether a betrothal has been celebrated or not and whether such betrothal is valid.
Art. 723.- Disputes arising out of betrothal.
(1) Disputes arising out of a betrothal or out of a breach of a betrothal shall be submitted to the arbitration of the persons who have been the witnesses to the contract of betrothal.
(2) If some persons have been designated as first witnesses, the disputes shall be submitted to their arbitration.
(3) The parties may agree, at the time of the betrothal or subsequently, to have recourse to the arbitration of other persons.
Art. 724.- Existence of valid marriage.
Only the court is competent to decide whether a marriage has been contracted and whether such marriage is valid.
Art 725.- Difficulties arising out of marriage.
(1) Difficulties which arise between the spouses during the marriage shall be submitted to the arbitration of the persons who have been witnesses to such marriage.
(2) If some persons have been designated as first witnesses, the disputes shall be submitted to their arbitration.
(3) The parties may agree, at the time of the marriage or subsequently, to have resources to the arbitration of other persons.
Art. 726.- Dissolution of marriage by death.
Dispute arising out of the dissolution of a marriage shall be submitted to the arbitration of the same persons, when the dissolution of the marriage is caused by the death of one the spouses.
Art. 727.- Petition for divorce.
A petition for divorce made by both spouses or one of them shall be submitted to the arbitration of the same persons.
Art. 728.- Disputes arising out of divorces.
(1) Disputes arising out of divorce shall be submitted to the arbitration of the arbitrators who have pronounced the divorce.
(2) The interested parties may agree, at the time of the divorce or subsequently, to have recourse to the arbitration of other persons.
Art. 729.- Existence of divorce.
Only the court is competent to decide whether a divorce ahs been pronounced or not.
Art. 730.- Irregular union.
(1) Only the court is competent to decide whether an irregular union has been established between two persons.
(2) Only the court is competent to decide on disputes arising out of such union.
Art. 731.- Appointment of arbitrators.
If, on applying the rules laid down in the preceding Articles, it is found that no arbitrators has been designated for resolving a dispute which is to be submitted to arbitration, each of the spouses shall appoint two arbitrators
Art. 732. Designation of supplementary arbitrators.
Notwithstanding any agreement to the contrary, the family arbitrators may by a majority between them agree to complete their jurisdiction by calling one or more supplementary arbitrators.
Art. 733.- Replacement of arbitrators- 1. Principle.
(1) Where a person called to give a decisions as arbitrator dies or is not in a position to decide without delay the dispute which has arisen, he shall be replaced in the same manner as he has been appointed.
(2) Where he refuses to perform the functions of arbitrator or is dismissed by the court, a new arbitrator shall be appointed by the court.
Art. 734.- 2. Disagreement on appointment of arbitrators.
Where the parties required to appoint an arbitrators by agreement between themselves do not agree on such appointment, the arbitrator shall be appointed by the court at the request of either party.
Art. 735.- Failure to appoint arbitrator.
Where the party required to appoint an arbitrator fails to do so within fifteen days after having been required to do so or appoints an arbitrator who does not accept his functions or who can not for whatever reason carry out his duties without delay, an arbitrator shall be appointed by the court on behalf of such party on the application of the other party.
Art. 736.- Appeal to court against decision of arbitrators.
The decisions made by the arbitrators, in the cases mentioned in the preceding Articles, may only be impugned before the court by alleging the corruption of the arbitrators or fraud in regard to third persons or the illegal or manifestly unreasonable character of such decisions.
Art. 737.- Failure by arbitrators to give decision.
The court may take cognizance of the matter on the application of one of the parties, if the arbitrators fail to make their decision within the period prescribed to them by the law or, in default of such period, within a reasonable period.
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