Family Code > CHAPTER THREE EFFECTS OF MARRIAGE 1

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CHAPTER THREE

EFFECTS OF MARRIAGE

Section 1. General Rules

Article 40. – Various Forms of Marriage Equivalent.

1) Marriage produces the same legal effects whatever the form according to which it has been celebrated.

2) No distinction shall be made as to whether the marriage has been concluded before an officer of civil status or according to the forms prescribed by religion or custom.

Article 41. – Consummation of Marriage.

The effects of marriage shall not depend on the real or presumed consummation of the marriage.

Article 42. – (1) Contract of Marriage.

1) The spouse may, before or on the date of their marriage, regulate by a contract the pecuniary effects of their marriage.

2) They may also specify in such contract their reciprocal rights and obligations in matters concerning their personal relations.

3) Such contracts shall not affect mandatory provisions of the law.

Article 43. – (2) Incapacity of Spouses.

1) The contract of marriage of a judicially interdicted person shall be of no effect unless it is entered into by the interdicted person himself and approved by the court.

2) A legally interdicted person shall not be subject to incapacity as regards the making of a contract of marriage.

Article 44. – (3) Forms of Contract.

A contract of marriage shall be of no effect unless made in writing and attested by four witnesses, two for the husband and tow for the wife.

Article 45. – (4) Deposit of Contract.

1) A copy of the contract of marriage shall be deposited in the court or with the office of civil status.

2) It may be freely consulted by any one of the spouses or by persons authorized by court or by any one of the spouses.

Article 46. – (5) Restrictions to Freedom of Contract.

1) The spouses shall not impose an obligation upon third parties by their contract of marriage.

2) The contract of marriage shall be of no effect where it simply refers to local custom, religion or lay of a country.

Article 47. – (6) Modifications to Contract of Marriage

1) Where the interest of the family so requires, the spouses may, be agreement, modify the terms of the contract of marriage and request the court for approval of such modifications.

2) The court may approve such modifications where it ascertains that it does not affect the interest of the family.

3) Where the modifications are approved by the court under Sub-Article (2) of this Article, a copy of the modified contract shall be deposited in the court or with the office of civil status.

Article 48. – (7) Legal Regime.

In the absence of contract of marriage or where the contract of marriage is not valid under the law, the following provisions shall apply.

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