A defect in either of these two conditions naturally renders a
marriage void, for it cannot then be recognised as a lawful union. But
a marriage may subsequently to its registration be annulled in various
ways. Such annulment is not, however, a divorce, because the marriage
was not complete and cannot be said to have been consummated. In the
first place, the parties must be of the legal age for marriage, which
is for the male seventeen years and fifteen for the female. This is a
great advance on the old limit which was fourteen years for the male
and twelve for the female. The right of annulling a marriage in which
either party is under the legal age expires in three months after the
marriage or when the age-limit is reached. Marriages contracted by
force or fraud may be annulled upon application by the victim. The
application must be made to a court of justice within three months
after the discovery of the fraud or removal of the force; the right
of application is forfeited by condonation. A marriage is naturally
invalidated by a previous marriage; the right of application for its
annulment is vested in the aggrieved party, the head of that party’s
family, the relatives, and the public procurator, and also in the
first wife or husband; and as bigamy is a criminal offence, there
is no time-limit for the application. One who has been judicially
divorced for adultery cannot marry the other party to the offence;
that is, marriage is forbidden between the respondent and the
co-respondent. It may appear somewhat unjust that a man whose conduct
has led to the divorce of a married woman should be disqualified from
making to her the only reparation in his power for her loss of home
and honour; but the idea is, as in the Scots law, that the ability to
marry each other would rather encourage such illicit connections and
make the offenders brave the ignominy of judicial divorce for the
prospective pleasure of a lawful union. The prohibition is therefore
intended to be a deterrent against infidelity. Marriage is also
forbidden between ascendants and descendants in the direct line
and between those down to the third degree of consanguinity in the
collateral line, that is, it is prohibited with one’s parents,
grand-parents, children, and grandchildren, and between brother and
sister, uncle and niece, and aunt and nephew, but permitted between
cousins-german and more distant blood-relations. It is also
prohibited between similar relations of affinity in the direct line,
but not between those in the collateral line, so that while one cannot
marry a parent or a child of one’s deceased spouse, there is no
impediment to a marriage with the deceased wife’s sister or the
deceased husband’s brother, or their uncle, aunt, nephew, or niece.
Public-domain text, read in full here on John Shaqi.
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