Formalities Relating To The Celebration Of Marriage
LexInter | June 7, 2017 | 0 Comments

Formalities Relating To The Celebration Of Marriage

CIVIL CODE
Chapter II: Formalities relating to the celebration of marriage
Article 165
(Law of March 17, 1803 promulgated on March 27, 1803))
(Law of June 21, 1907))
   The marriage will be celebrated publicly before the civil registrar of the municipality where one of the spouses will have his domicile or residence on the date of the publication provided for in article 63, and, in the event of an exemption from publication , on the date of the exemption provided for in article 169 below.

Article 166

(Law of March 17, 1803 promulgated on March 27, 1803))
(Law of June 21, 1907))
(Ordinance n ° 58-779 of August 23, 1958 art. 1 Official Journal of August 30, 1958)
   The publication ordered in article 63 will be made at the town hall of the place of marriage and at that of the place where each of the future spouses has his domicile or, in the absence of domicile, his residence.

Article 169
(Law of March 17, 1803 promulgated on March 27, 1803))
(Law of June 21, 1907))
(Law of April 8, 1927))
(Law of July 29, 1943))
(Ordinance n ° 45-2270 of November 2, 1945, art. 7))
   The public prosecutor in the district of which the marriage will be celebrated may dispense, for serious reasons, from the publication and from any delay or from the posting of the publication only.
   He may also, in exceptional cases, exempt the future spouses, or one of them only, from issuing the medical certificate required by the second paragraph of article 63.
   The medical certificate is not required from any person. future spouses in the event of imminent peril of death of one of them, provided for in the second paragraph of article 75 of this code.

Article 170

(Law of March 17, 1803 promulgated on March 27, 1803))
(Law of November 29, 1901))
(Law of June 21, 1907))
   The marriage contracted in a foreign country between French and between French and foreign will be valid, if it has been celebrated in the usual forms in the country, provided that it has been preceded by the publication prescribed by article 63, under civil status documents, and that French has not contravened the provisions contained in the preceding chapter.
   It will be the same for the marriage contracted in a foreign country between a French and a foreigner, if it was celebrated by the diplomatic agents, or by the consuls of France, in accordance with the French laws.
   However, diplomatic agents or consuls can only proceed to the celebration of marriage between a French and a foreigner in countries designated by decrees of the President of the Republic.

Article 170-1
(inserted by Law n ° 93-1027 of August 24, 1993 art. 31 Official Journal of August 29, 1993)

   When there are serious indications suggesting that a marriage celebrated abroad incurs nullity under Articles 184, 190-1 or 191, the diplomatic or consular agent responsible for transcribing the act immediately informs the ministry. public and postpone the transcription.
   The public prosecutor decides on the transcription. When he asks for the nullity of the marriage, he orders that the transcription be limited to the sole purpose of referral to the judge; until the decision of the latter, a copy of the transcribed act can only be delivered to the judicial authorities or with the authorization of the public prosecutor.
   If the public prosecutor has not made a decision within six months of his referral, the diplomatic or consular agent transcribes the act.

Article 171

(Law of March 17, 1803 promulgated on March 27, 1803))
(Law of November 29, 1901))
(Law of November 20, 1919))
(Law of March 10, 1938))
(Law n ° 59-1583 of December 31, 1959 art. 23 Official Journal of January 8, 1959)
   The President of the Republic may, for serious reasons, authorize the celebration of the marriage if one of the future spouses has died after the completion of official formalities indicating unequivocally his consent.
   In this case, the effects of the marriage go back to the date of the day preceding that of the death of the husband.
   However, this marriage does not entail any right of intestate inheritance for the benefit of the surviving spouse and no matrimonial regime is deemed to have existed between the spouses.

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