CHAPTER 5 Invalidity of marriage Section 1 - Absolute invalidity Art. 26. - Must be annulled, marriages celebrated: 1. in defiance of the rules set by articles 1, 2, 3 paragraph 1, 4 paragraphs 1 and 7; 2. in violation of Article 20. Art. 27. - The invalidity action based on the provisions of the previous article can be advanced: 1. by the spouses themselves; 2. by any person who has an interest therein; 3. by the public prosecutor. In any case, the public prosecutor can only act when the spouses are alive. Art. 28. - Marriage affected by absolute invalidity can neither be confirmed expressly nor tacitly, but only after the passage of a given lapse of time. Art. 29. - Notwithstanding its absolute nature, invalidity is covered: 1. In the event of violation of article 2, 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 20, when the spouses continue having their marital status as a couple and that they possess a marriage certificate issued by a civil status registrar. Section 2 - Relative invalidity Art. 30. - Marriages celebrated in contempt of the rules laid down in Article 4 paragraphs 2 and 3 can be annulled. Art. 31. - The action for invalidity, in the event of violation of the provisions of Article 4 paragraphs 2 and 3, pertains to that of the spouses whose consent was flawed. The invalidity action is prescribed for thirty years. Art. 32. - 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 that he/she realized the flaw. The invalidity action based on the lack of consent is covered when the spouse has reached the age of nineteen, without having complained. Section 3 – Implications of invalidity Art. 33. - When the two spouses have been brought to questioning, the judgment pronouncing the invalidity of the marriage has binding legal authority on all concerned. Art. 34. - The final decision pronouncing the invalidity is transcribed at the request of the public prosecutor on the civil status registers of the place where the marriage was celebrated, and it is mentioned on the margin of the marriage certificate and birth certificates of the spouses. 5

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