1. In the event of violation of article 1, when the spouse or spouses have reached the required age, or
when the wife has conceived;
2. In the event of a violation of article 24, when the spouses continue having their marital status as a
couple and that they possess a marriage certificate issued by a civil status registrar.
Paragraph 2.- Relative invalidity
Art.35.- Weddings celebrated in violation of the rules set out in article 3 paragraph 2 and those relating
to consent to the marriage of minors may be canceled.
Art. 36.- The case for nullification pertains:
1. In the event of violation of the provisions of Article 3 (paragraph 2), to that of the spouses whose
consent was flawed;
2. In the event of violation of the rules relating to consent to the marriage of minors, to those whose
consent was required or to that of the spouses who needed this consent;
Art. 37.- The invalidity action provided for in article 35 above is prescribed for thirty years.
Art.38.- The action for invalidity based on the violation of consent ceases to be admissible, if there has
been continuous cohabitation for six months, from the time the spouse acquired complete freedom or
when he/she got to know about the flaw. The action for invalidity based on flaws relating to consent is
covered:
1. Whenever the marriage has been approved expressly or tacitly by those whose consent was
necessary, or when it has exceeded one year without any claim from the latter, from the time they
knew about the marriage;
2. When the husband has attained twenty-two years, without making any claim.
Paragraph 3.- Implications of
Invalidity
Art. 39. - When the two spouses have been brought to questioning, the judgment pronouncing the
invalidity of marriage has binding legal authority on all concerned.
Art 40. - The decision pronouncing the invalidity is transcribed, at the request of the public prosecutor,
on the civil status registers where the marriage was celebrated, and it is mentioned on the margins of
the marriage certificate and birth certificate of the spouses.
Art.41.- An invalid marriage produces its effects, as if it were valid, until the day on which the
decision pronounced on the invalidity becomes final.
It is deemed to be dissolved as of this day.
As far as property is concerned, the dissolution dates back, as to its effects between the spouses, to the
day of the request, but is not enforceable against third parties until the day of the transcription provided
for in the preceding article.
However, these provisions do not preclude the validity of a new marriage contracted before the
annulment of the previous marriage.
Art.42.- The decision pronouncing the invalidity must also rule on the good faith of each of the
spouses. Good faith is presumed.
Art.43.- If the two spouses are declared to be in bad faith, the marriage is deemed never to have
existed, both in the relationship between the spouses, and in their relationship with third parties.
Children born from the marriage or legitimate children retain the status conferred on them by marriage,
but the spouses cannot rely on this status against them.
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