If the marriage was celebrated abroad, the decision is transcribed on the civil status registers of each
of the spouses’ place of birth and on the Trade and Movable Property Credit Register if one of the
spouses is a trader.
Art. 35. - With the exception of marriage celebrated in violation of Article 1, a void marriage maintains
its implications, as if it was valid, until the day when the decision pronouncing the invalidity becomes
irrevocable. It is deemed to be dissolved as of this day.
As far as property is concerned, the dissolution dates back, with regard to its implications between
the spouses, to the day of the request, but is enforceable against third parties only from the day of the
transcription provided for in the preceding article.
Art. 36. - The decision pronouncing the invalidity must also rule on the good faith of both spouses.
Good faith is presumed.
Art. 37. - 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, vis-à-vis their parents, the status
conferred on them by marriage, but the spouses cannot rely on this status against them.
Art. 38. - If only one of the spouses is declared to be in bad faith, the null marriage is deemed never
to have existed in his/her regard.
The other spouse benefits from the provisions of article 35.
Children resulting from the marriage or legitimate children retain the status which had been conferred
on them by marriage, but the spouse in bad faith cannot rely on this status against them.
CHAPTER 6
Proof of marriage
Art. 39. - No one may claim the status of a spouse or the civil implications of marriage without
presenting a civil marriage certificate, with the exceptions provided for by law in the event of loss or
total or partial destruction of the registers.
Art. 40. - Having marital status does not exempt the supposed spouses to each present a civil
marriage certificate.
Art. 41. - Having marital status is established by a sufficient collection of facts which suppose the
existence of matrimonial bond, in particular:
1. that the man and the woman bear the same name;
2. that they treat each other as husband and wife;
3. that they are recognized as such by their families and in society.
Art. 42. - When there is possession of marital status and the marriage certificate is presented, no one
can make claims of irregularities of this certificate.
Art. 43. - No one can dispute the legitimacy of a child whose father or mother is deceased, once the
legitimacy is proved by the possession of a status which is not contradicted by the birth certificate.
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