Family Code > CHAPTER ONE CONCLUSION OF MARRIAGE 3

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Section 3. Opposition to Marriage

Article 17. – Opposition.

Opposition may be made when marriage is to be concluded in violation of one of the essential conditions of marriage.

Article 18. – Opposition by whom Made.

Opposition to the conclusion of marriage shall be made only by the following persons:

(a) In case of age, by the parents of the minor, public prosecutor or any other interested persons;

(b ) In case of relationship by consanguinity or affinity, by the ascendants of the future spouses, or the ascendants of one of them, or by the brothers or sisters of the future

Spouses, who have attained the age of eighteen years or by the public prosecutor;

(c) In case of bigamy, by the person aligning to have had a prior martial relationship with the bigamous spouse or by the public prosecutor;

(d) In case of judicial interdiction, by his guardian, or by the public prosecutor.

Article 19. – Forms and Time of Opposition

1) Opposition to marriage shall be made in writing and submitted to the officer of civil status within fifteen days from the notification of the marriage.

2) The officer of civil status shall receive the opinion of the future spouses before deciding on the opposition.

Article 20. – Decision on the Opposition.

1) The officer of civil status shall decide on the opposition within five days.

2) The decision of the officer to celebrate the marriage shall be final.

3) Where the opposition is sustained, the officer of civil status shall refuse to celebrate the marriage.

4) In such case, the officer of civil status shall give reasons of his refusal and inform same forthwith to the future spouses.

Article 21. – Appeal.

1) The future spouse or one of them may petition to the court against refusal under Sub-Article (3) of Article 20.

2) Where the court overrules the decision of the officer of civil status, such officer shall celebrate the marriage.

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