QUALITIES AND CONDITIONS REQUIRED TO BE ABLE TO CONTRACT MARRIAGE
LexInter | May 10, 2004 | 0 Comments

QUALITIES AND CONDITIONS REQUIRED TO BE ABLE TO CONTRACT MARRIAGE

Article 144

    No one can contract marriage before the age of eighteen.

—————————————-Art. 144: amended by           – art. 7 of the L. of 19 Jan. 1990 (MB, 30 Jan.), in          into force on 1 May 1990 (s. 55).

Article 145

    The juvenile court may, for serious reasons, lift the prohibition of the previous article. The request is made by petition either by the father and mother, or by one of them, or by the guardian, or by the minor in the absence of the consent of the parents or the guardian.

    The procedure is introduced on a fixed day. The court rules within a fortnight, the father and mother or the guardian, the minor and the future spouse summoned and the King’s prosecutor heard.

    The appeal must be lodged within a week of delivery and the Court rules within two weeks. Neither the judgment nor the judgment are open to opposition.

—————————————-Art. 145: amended by          – art. 8 of the L. of 19 Jan. 1990 (MB, 30 Jan.), in          into force on 1 May 1990 (s. 55).        – art. 4, L. 29.04.2001.

Article 146

    There is no marriage when there is no consent.

Article 146bis

    There is no marriage when, although formal consents have been given for it, it appears from a combination of circumstances that the intention of at least one of the spouses is manifestly not the creation of a sustainable community of life, but only aims to obtain an advantage in terms of residence, linked to the status of spouse.

——————-Art. 146bis: inserted by art. 12, L.04.05.1999   comes into force on              01.01.2000

Article 147

    One cannot contract a second marriage before the dissolution of the first.

Article 148

    A minor cannot contract marriage without the consent of his father and mother.

    This consent is recorded by the court seized of the request for exemption from age.

    If the father and mother refuse their consent, the court can authorize the marriage if it considers the refusal to be unreasonable.

    If one of the father and mother refuses his consent, the court may authorize the marriage if it considers the refusal to be unfounded. The father and mother who does not appear is deemed not to have consented to the marriage.

    If one of the father and mother is unable to express his will and the other refuses his consent, the court may authorize the marriage if it considers the refusal to be unreasonable.

    If the father and mother are both unable to express their will or do not appear, the marriage may be authorized by the court.

—————————————-Art. 148: amended by           – art. 9 of the L. of 19 Jan. 1990 (MB, 30 Jan.), in          into force on 1 May 1990 (s. 55).

Article 149

    […]

—————————————-Art. 149: repealed by           – art. 10 of the L. of 19 Jan. 1990 (MB, 30 Jan.), in          into force on 1 May 1990 (s. 55).

Article 150

    […]

—————————————-Art. 150: repealed by           – art. 11 of the L. of 19 Jan. 1990 (MB, 30 Jan.), in          into force on 1 May 1990 (s. 55).

Article 151

    […]

—————————————-Art. 151: repealed by           – art. 12 of the L. of 19 Jan. 1990 (MB, 30 Jan.), in          into force on 1 May 1990 (s. 55).

Article 152

    […]

—————————————-Art. 152: repealed by          – art. 13 of the L. of 19 Jan. 1990 (MB, 30 Jan.), in          into force on 1 May 1990 (s. 55).

Article 153

    […]

—————————————-Art. 153: repealed by           – art. 14 of the L. of 19 Jan. 1990 (MB, 30 Jan.), in          into force on 1 May 1990 (s. 55).

Article 154

    […]

—————————————-Art. 154: repealed by           – art. 15 of the L. of 19 Jan. 1990 (MB, 30 Jan.), in          into force on 1 May 1990 (s. 55).

Article 155

    […]

—————————————-Art. 155: repealed by            – art. 24 of the L. of March 31, 1987 (MB, May 27).

Article 155bis

    […]

—————————————-Art. 155bis: repealed by           – art. 24 of the L. of March 31, 1987 (MB, May 27).

Article 156

    […]

Article 157

    […]

—————————————-Art. 157: repealed by           – art. 29 of the L. of 15 Dec. 1949 (MB, 1-3 Jan. 1950).

Article 158

    […]

Article 159

    […]

Article 160

    […]

Article 160bis

    […]

—————————————-Art. 160bis: repealed by   – art. 24 of the L. of March 31, 1987 (MB, May 27).

Article 161

    In the direct line, marriage is prohibited between all ascendants and descendants and allies in the same line.

—————————————-Art. 161: amended by   – art. 25 of the L. of March 31, 1987 (MB, May 27).

Article 162

    In collateral line, marriage is prohibited between brothers, between sisters or between brother and sister.

—————————————-Art. 162: amended by art. 1, L 02/11/1920 (MB 02/14/1920);           and by art. 25, L 31.03.1987 (MB 27.05.1987); and by           art. 2, 1 ° and 2 °, L 27.03.2001; and by art. 4,           L 13.02.2003 (MB 28.02.2003), in force on            01.06.2003.

Article 163

    Marriage is still prohibited between uncle and niece or nephew, or between aunt and niece or nephew.

——————–Art. 163: amended by art. 5, L 13.02.2003 (MB 28.02.2003),           in force on 01.06.2003.

Article 164

    Nevertheless, it is open to the King to lift, for serious causes, the prohibition set out in the previous article, including the prohibition provided for in article 162 relating to marriages between brother-in-law and sister-in-law, brother-in-law and brother-in-law. -brother or sister-in-law and sister-in-law.

—————————————-Art. 164: amended by art. 1, L 07/01/1957 (MB 07/14/1957);           and by art. 3, L 27.03.2001; and by art. 6,           L 13.02.2003 (MB 28.02.2003), in force on            01.06.2003.

CHAPTER II: FORMALITIES RELATING TO THE CELEBRATION OF MARRIAGE

Article 165

  • 1.The marriage cannot be celebrated before the 14th day following the date of the establishment of the act of declaration of marriage, referred to in article 63.
  • 2. The public prosecutor at the district court of first instance in which the applicants intend to contract marriage may, for serious reasons, waive the declaration and any waiting period, and grant a extension of the six-month period referred to in § 3.

   The same competence is recognized, for the marriages to be celebrated in their chancellery, to the diplomatic agents heads of post, as well as to the agents of the consular body to whom the function of registrar has been recognized.

  • 3. If the marriage has not been celebrated within six months from the expiration of the 14-day period referred to in § 1, it can no longer be celebrated until after a new declaration of marriage made in the form provided for in Article 63.

    In the event of opposition to the marriage or when the registrar refuses to celebrate the marriage, an extension of this period of six months may be requested from the judge who decides on the release of the opposition or on the appeal. against refusal.

—————————————-Art. 165: amended by      – art. 10 of the L. of 26 Dec. 1891 (MB, Dec. 31),      – art. 13, L.04.05.1999, comes into force on 01.01.2000.

Article 166

    The marriage is celebrated publicly before the registrar who drew up the declaration document.

—————————————-Art. 166: amended by        – art. 10 of the L. of 26 Dec. 1891 (MB, Dec. 31),     – art. 14, L. 04.05.1999.

Article 167

    The registrar refuses to celebrate the marriage when it appears that the qualities and conditions prescribed for contracting marriage are not satisfied, or if he is of the opinion that the celebration is contrary to the principles of marriage. public order.

    If there is a serious presumption that the conditions referred to in the preceding paragraph are not met, the registrar may suspend the celebration of the marriage, if necessary after having obtained the opinion of the public prosecutor of the judicial district in which the applicants intend to contract marriage, for a period of two months at the most from the date of marriage chosen by the parties concerned, in order to carry out an additional investigation.

    If he has not taken a final decision within the period provided for in the previous paragraph, the registrar must celebrate the marriage, even in cases where the six-month period referred to in Article 165 , § 3, has expired.

   In the event of a refusal referred to in the first paragraph, the registrar immediately notifies his reasoned decision to the parties concerned. A copy, accompanied by a copy of all useful documents is, at the same time, sent to the public prosecutor of the judicial district in which the refusal was expressed.

    If one or both of the future spouses are not entered, on the day of the refusal, in the population registers, the foreigners’ register or the municipality’s waiting register, or do not have their current residence there , the refusal decision is also immediately notified to the civil status officer of the municipality where this future spouse or these future spouses are registered in one of these registers or have their current residence.

    The refusal of the registrar to celebrate the marriage may be appealed by the interested parties within a period of one month following the notification of his decision before the court of first instance.

—————————————-Art. 167: amended by         – art. 10 of the L. of Dec. 26, 1891 (MB, Dec. 31),      – art. 15, L. 04.05.1999,      – art. 2, L. 01.03.2000.

Article 168

    […]

—————————————-Art. 168: repealed by     – art. 10 of the L. of 26 Dec. 1891 (MB, Dec. 31).

Article 169

    […]

—————————————-Art. 169: repealed by         – art. 10 of the L. of 26 Dec. 1891 (MB, Dec. 31).

Article 170

    The following will be considered valid in Belgium, as regards the form:

    1 ° marriages between Belgians as well as between Belgians and foreigners celebrated in a foreign country in the forms used in said country;

    2 ° marriages between Belgians as well as between Belgians and foreigners celebrated by diplomatic agents or by agents of the consular body to whom the functions of registrar have been conferred.

—————————————-Art. 170: amended by art. 13, L 07/12/1931 (MB 07/31/1931);           and by art. 3, L 01.03.2000; and by art. 7, L 02.13.2003           (MB 28.02.2003), in force on 01.06.2003.

Article 170bis

    Marriage declarations to be celebrated by Belgian diplomatic or consular agents are made in accordance with Belgian law in the chancelleries where marriages are to be celebrated.

—————————————-Art. 170bis: Inserted by         – art. 14 of the L. of July 12, 1931, amended by     – art. 16, L. 04.05.1999.

Article 170ter

    The marriages referred to in article 170 will, in substance, be valid in Belgium, if the contracting parties have satisfied the conditions prescribed on pain of nullity by their personal status to be able to contract marriage.

—————————————-Art. 170ter: inserted by     – art. 14 of the L. of July 12, 1931 (MB, July 31).

Article 171

    After the return of the Belgian citizen on the territory of the kingdom, the act of celebration of the marriage contracted in a foreign country, according to the forms used in this country, is transcribed at the request of one of the spouses if both are Belgian citizens or of the one who has this quality, on the current registers of civil status at the place of their first domicile in Belgium or of the first establishment of one of the spouses, if the latter returns alone to the territory of the kingdom. Mention of this transcription is made in the margin of the current registers at the date of the celebration of the marriage.

    If the document had been drawn up in a foreign language, a certified translation would be produced at the same time in one of the two national languages. In the event of indigence noted, the translation costs will be borne by the municipal administrations concerned.

—————————————-Art. 171: amended by art. 15, L 07/12/1931 (MB 07/31/1931);           and by art. 8, L 13.02.2003 (MB 28.02.2003), in           in force on 01.06.2003.

CHAPTER III: OPPOSITIONS TO MARRIAGE

Article 172

    The right to oppose the celebration of marriage belongs to the person engaged by marriage with one of the two contracting parties.

Article 173

    The father and the mother and, in the absence of the father and mother, the grandfathers and grandmothers, may jointly or separately, oppose the marriage of their children and descendants, even if they are of legal age.

—————————————-Art. 173: amended by         – art. 3 of the L. of July 14, 1953 (MB, July 30),     – art. 6 of the L. of Jan. 15, 1983 (MB, Jan. 25).

Article 174

    In the absence of any ascendant, the brother or the sister, the uncle or the aunt, the first cousin or cousin, adults, can only form an opposition when it is based on the state of dementia or backwardness. mentality of the future husband.

—————————————-Art. 174: amended by art. 16 of the L. of 19 Jan. 1990 (MB,           Jan. 30), in force May 1, 1990 (s. 55).

Article 175

    In the case provided for in the previous article, the tutor may file an opposition.

—————————————-Art. 175: amended by        – art. 17 of the L. of 19 Jan. 1990 (MB, 30 Jan.), in       into force on 1 May 1990 (s. 55).     – art. 5, L. 29.04.2001.

Article 176

    Any act of opposition will state the quality which gives the opponent the right to form it; it will contain the choice of domicile in the place where the marriage is to be celebrated; it must also contain the reasons for the opposition: all on pain of nullity, and the prohibition of the ministerial officer who would have signed the act containing the opposition.

    When the opposition is based on the state of insanity or mental retardation of the future spouse, this opposition, which the court may pronounce outright release, will never be accepted except at the expense, by the opponent, of cause the prohibition or the declaration of prolonged minority and have it ruled on within the time limit set by the judgment.

—————————————-Art. 176: amended by        – art. 18 and 19 of the L. of 19 Jan. 1990 (MB, 30 Jan.),       in force on May 1, 1990 (art. 55).

Article 177

    The court of first instance will pronounce within ten days on the request for release.

Article 178

    If there is an appeal, it will be ruled on within ten days of the summons.

Article 179

    If the opposition is rejected and found to be abusive, the opponents may be ordered to pay damages.

—————————————-Art. 179: amended by        – art. 20 of the L. of 19 Jan. 1990 (MB, 30 Jan.), in       into force on 1 May 1990 (s. 55).

CHAPTER IV: APPLICATIONS FOR NULLITY OF MARRIAGE

Article 180

    A marriage which has been contracted without the free consent of the two spouses, or of one of them, can only be attacked by the spouses, or by that of the two whose consent has not been free.

    When there has been an error in the person, the marriage can only be attacked by the one of the two spouses who has been misled.

Article 181

    In the case of the preceding article, the request for nullity is no longer admissible whenever there has been cohabitation continued for six months, since the spouse has acquired full freedom or the error has been made. recognized by him.

Article 182

    […]

—————————————-Repealed by art. 21 of the L. of 19 Jan. 1990 (MB, 30 Jan.), ininto force on 1 May 1990 (s. 55).

Article 183

    […]

—————————————-Repealed by art. 22 of the L. of 19 Jan. 1990 (MB, 30 Jan.), ininto force on 1 May 1990 (s. 55).

Article 184

    Any marriage contracted in contravention of the provisions contained in articles 144, 146bis, 147, 161, 162, 163, 341 or 363, can be attacked either by the spouses themselves, or by all those who have an interest in it, or by the ministry. public.

—————————————-Art. 184: Replaced by art. 26 of the L. of March 31, 1987, and amended by           art. 17, L. 04.05.1999.

Article 185

    Nevertheless, the marriage contracted by one or more minor spouses who have not received the authorization of the juvenile court to contract marriage can no longer be challenged when six months have elapsed since this spouse or them. spouses have reached the age of eighteen.

—————————————-Replaced by art. 23 of the L. of 19 Jan. 1990 (MB, 30 Jan.), ininto force on 1 May 1990 (s. 55).

Article 186

    […]

—————————————-Repealed by art. 24 of the L. of 19 Jan. 1990 (MB, 30 Jan.), ininto force on 1 May 1990 (s. 55).

Article 187

    In all cases where, in accordance with article 184, the action for nullity can be brought by all those who have an interest in it, it cannot be brought by the collateral parents, or by the children who were not born of the marriage in question, during the lifetime of both spouses, but only when they have a born and current interest in it.

—————————————-Amended by art. 27 of the L. of March 31, 1987 (MB, May 27).

Article 188

    The spouse to the detriment of whom a second marriage has been contracted may request its nullity during the lifetime of the spouse who was engaged with him.

Article 189

    If the new spouses oppose the nullity of the first marriage, the validity or nullity of this marriage must be judged beforehand.

Article 190

    The public prosecutor, in all the cases to which article 184 applies, and under the modifications made in article 185, can and must ask for the nullity of the marriage, during the lifetime of the two spouses, and make them condemn to each other. to separate.

Article 191

    Any marriage which has not been publicly contracted, and which has not been celebrated before the competent public officer, can be attacked by the spouses themselves, by the father and mother, by the ascendants, and by all those who have a born and current interest in it, as well as by the public prosecutor.

[from 01.01.2000:
Any marriage which has not been contracted publicly, and which has not been celebrated before the competent public officer or whose declaration has not been made in accordance with article 63, can be attacked by the spouses themselves, by the father and mother, by the ascendants, and by all those who have a born and present interest in it, as well as by the public prosecutor.]

——————-Art. 191: amended by art. 18, L. 04.05.1999.

Article 192

  If the marriage has not been preceded by the required declaration, or if the dispensations permitted by law have not been obtained, or if the prescribed deadlines for the declaration and solemnization of the marriage have not been observed , the public officer is punished with a fine of twenty-six euros to three hundred euros and the spouses or those under whose authority he has acted are punished by a fine of twenty-six euros to two hundred euros.

——————–Replaced by art. 4 of the L. of March 1, 2000 (MB, April 6, 2000(second ed.)) and amended by s. 2 of the L. of June 26, 2000(MB, July 29, 2000), in force on January 1, 2002 (art. 9).Amended by art. 3 of the L. of December 15, 1949 (MB, January 1-31950) and by art. 11 of the L. of December 15, 1949 (MB, January 1-31950) and replaced by art. 19 of the L. of 4 May 1999 (MB,July 1, 1999), in force January 1, 2000 (art. 25).

Article 193

    The penalties pronounced by the preceding article will be incurred by the persons who are designated therein, for any contravention of the rules prescribed by article 166, even if these contraventions are not considered sufficient to declare the nullity of the marriage.

—————————————-Art. 193: Amended by art. 25 of the L. of 19 Jan. 1990 (MB,Jan. 30), in force on May 1, 1990 (art. 55), and by art. 5,L.01.03.2000.

Article 193bis

    Without prejudice to the application of articles 184, 190 and 191 which precede and of article 46 of the law of April 20, 1810 on the organization of the judicial order and the administration of justice, the public prosecutor can be act as an intervening party in any action for annulment of marriage.

—————————————-Inserted by art. 1st of the L. of Nov. 14, 1947 (MB, Nov. 21, Errat.,MB, Dec.15-16).

Article 194

    No one may claim the title of spouse and the civil effects of the marriage, unless he represents an act of celebration entered in the register of civil status; except in the cases provided for in article 46, under Civil status documents.

Article 195

    Possession of status cannot exempt the so-called spouses who will invoke it respectively, from representing the act of celebration of the marriage before the registrar.

Article 196

    When there is possession of status and the act of celebration of the marriage before the registrar is represented, the spouses are respectively inadmissible to request the nullity of this act.

Article 197

    If, however, in the case of Articles 194 and 195, there are children of two individuals who have lived publicly as husband and wife, and who are both deceased, the filiation of the children cannot be contested on the sole pretext of failure to act. representation of the act of celebration, whenever this filiation is proved by possession of status which is not contradicted by the act of birth.

Article 198

    When the proof of a legal celebration of the marriage is acquired by the result of a criminal procedure, the inscription of the judgment in the registers of civil status ensures the marriage, from the day of its celebration, all the effects civilians, both with regard to the spouses and to the children of this marriage.

Article 199

    If the spouses or one of them died without having discovered the fraud, the criminal action can be brought by all those who have an interest in having the marriage declared valid, and by the public prosecutor.

—————————————-Amended by art. 3 of the L. of 15 Dec. 1949 (MB, 1-3 Jan. 1950).

Article 200

    If the public officer died when the fraud was discovered, the action will be brought in civil proceedings against his heirs, by the public prosecutor, in the presence of the interested parties and upon their denunciation.

—————————————-Amended by art. 3 of the L. of 15 Dec. 1949 (MB, 1-3 Jan. 1950).

Article 201

    A marriage which has been declared null nevertheless produces its effects with regard to the spouses when it has been entered into in good faith.

    If good faith exists only on the part of one of the two spouses, the marriage produces its effects only in favor of that spouse.

—————————————-Replaced by art. 29 of the L. of March 31, 1987 (MB, May 27).

Article 202

    It also produces its effects in favor of the children, even if neither of the spouses has been in good faith.

—————————————-Replaced by art. 30 of the L. of March 31, 1987 (MB, May 27).

CHAPTER V: OBLIGATIONS ARISING FROM MARRIAGE OR FILIATION

—————————————- The title modified by art. 31 of the L. of March 31, 1987 (MB, May 27).

Article 203

  • 1.Fathers and mothers are required to assume, in proportion to their faculties, the accommodation, maintenance, supervision, education and training of their children.

    If the training is not completed, the obligation continues after the child comes of age.

  • 2. Within the limit of what he has collected in the estate of his spouse and the advantages that the latter would have granted him by marriage contract, gift or will, the surviving spouse is bound by the obligation established in paragraph 1 towards the children of his spouse of whom he is not himself the father or the mother.

—————————————-Art. replaced by art. 32 of the L. of March 31, 1987 (MB, May 27).1st amended by art. 2 of the L. of April 13, 1995 (MB, May 24).

Article 203bis

    Without prejudice to the rights of the child, each father and mother may claim from the other his contribution to the costs resulting from article 203, 1.

—————————————-Inserted by art. 33 of the Law of March 31, 1987 (MB, May 27).

Article 203ter

    Failure by the debtor to meet one of the obligations governed by articles 203, 203bis, 205, 207, 303 or 336 of this Code or the commitment made under article 1288, 3, of the Judicial Code , the creditor may, without prejudice to the rights of third parties, obtain authorization to collect, with the exclusion of the said debtor, under the conditions and within the limits that the judgment sets, the income of the latter or any other sum owed to him by a third. The procedure and the powers of the judge are regulated according to articles 1253bis to 1253quinquies of the Judicial Code.

    The judgment is enforceable against all current or future third-party debtors on the notification made to them by the clerk at the request of the plaintiff.

    When the judgment ceases to produce its effects, the third party debtors are informed by the clerk.

    The notification made by the clerk indicates what the third party debtor must pay or stop paying.

—————————————-Inserted by art. 34 of the L. of March 31, 1987 (MB, May 27).

Article 204

    The child has no action against his father and mother for an establishment by marriage or otherwise.

Article 205

    Children owe food to their parents and other parents in need.

—————————————-Replaced by art. 3 of the L. of May 14, 1981 (MB, May 27).

Article 205bis

  • 1.The estate of the pre-dying spouse, even if separated from the body, owes support to the survivor if the latter is in need at the time of death.
  • 2. The succession of the spouse, even if separated from the body, predeceased without leaving any posterity, owes maintenance to the ancestors of the deceased who are in need at the time of death, up to the amount of inheritance rights which they are deprived of by donations. for the benefit of the surviving spouse.
  • 3. Alimony is a responsibility of the succession.It is borne by all the heirs and, if necessary, by the legatees by particular title, in proportion to their emolument.

    However, if the deceased has declared that certain bequests must be paid in preference to others, these bequests contribute to the pension only insofar as the income of the others is not sufficient.

  • 4. If maintenance is not taken in capital from the estate, sufficient security will be given to the beneficiary to ensure payment of the pension.
  • 5. The time limit for claiming maintenance is one year from the date of death.

—————————————-Inserted by art. 4 of the L. of May 14, 1981 (MB, May 27).

Article 206

The sons-in-law and daughters-in-law also owe, and under the same circumstances, support to their father-in-law and mother-in-law; but this obligation ceases:

1 ° when the father-in-law or mother-in-law has married for a second marriage;
2 ° when the one of the spouses who produced the affinity, and the children resulting from his union with the other spouse, have died.

———————Art. 206: amended by art. 9, L 13.02.2003 (MB 28.02.2003),           in force on 01.06.2003.

Article 207

    The obligations resulting from these provisions are reciprocal.

Article 208

    Maintenance is only granted in proportion to the need of the one who claims it, and the fortune of the one who owes it.

Article 209

    When the one who provides or the one who receives food is placed in such a state, that one can no longer give it, or the other no longer needs it, in whole or in part, the discharge or reduction may be requested.

Article 210

    If the person who must provide the support justifies that he cannot pay the support, the court can, knowingly, order that he will receive in his home, that he will feed and maintain the one to whom he will owe the support.

Article 211

    The court will also decide whether the father or mother who will offer to receive, feed and maintain in his home, the child to whom he will owe support, must, in this case, be exempted from paying support.

CHAPTER VI: RESPECTIVE RIGHTS AND DUTIES OF SPOUSES

—————————————- Chapter VI (art. 212 – 226septies) replaced by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).

Article 212

    The rights, obligations and powers of the spouses are governed by the provisions of this chapter, applicable by the sole fact of marriage.

    They are also defined by the provisions regulating the legal regime or by those of their marriage contract, which may not derogate from the provisions of this chapter.

    Marriage does not modify the legal capacity of the spouses, subject to the application of article 476.

—————————————-Replaced by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).

Article 213

    The spouses have the duty to live together; they owe each other loyalty, help, assistance.

—————————————-Replaced by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).

Article 214

    Conjugal residence is fixed by mutual agreement between the spouses. In the absence of agreement between them, the justice of the peace rules in the interest of the family.

    If one of the spouses is absent, prohibited or unable to express his will, the conjugal residence is fixed by the other spouse.

—————————————-Replaced by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).

Article 215

  • 1.A spouse may not, without the agreement of the other, dispose inter vivos for payment or free of charge of the rights he owns over the building which is used as the main dwelling of the family, nor mortgage this building.

    He cannot, without the same agreement, dispose inter vivos for payment or free of charge, of the furniture which adorns the building which is used as the main accommodation of the family, nor give them as a pledge.

    If the spouse, whose agreement is required, refuses it without serious reasons, the spouse may obtain authorization from the court of first instance and, in urgent cases, by the president of this court, to go through the procedure alone. act.

  • 2. The right to lease the building rented by one or the other spouse, even before the marriage, and allocated in whole or in part to the main accommodation of the family, belongs jointly to the spouses, notwithstanding any agreement to the contrary. .

    The holidays, notifications and exploits relating to this lease must be addressed or served separately to each of the spouses or emanate from both.

    However, each of the two spouses may not invoke the nullity of these acts addressed to or emanating from his spouse unless the lessor is aware of their marriage.

    Any dispute between them as to the exercise of this right is decided by the justice of the peace.

    The provisions of this paragraph do not apply to commercial or firm leases.

—————————————-Replaced by art. 1st of the L. of July 14, 1976 (MB, Sept. 18) andamended by art. 3 of the L. of 20 Feb. 1991 (MB, 22 Feb).

Article 216

  • 1.Each spouse has the right to exercise a profession without the consent of his spouse.

    However, if the latter considers that this activity is likely to cause serious damage to his moral or material interests or to those of minor children, he has a right of appeal to the court of first instance and, in case of emergency. , before the president of this tribunal.

    The court may subordinate the exercise of the profession to the prior modification of the matrimonial regime of the spouses.

    The provisions of the two preceding paragraphs are not applicable to the exercise of public offices.

  • 2. Neither spouse may use the name of his / her spouse in his professional relations without the consent of the latter.

    The agreement can only be withdrawn for serious reasons. Withdrawal opens an appeal before the court of first instance and, in urgent cases, before the president of this court.

—————————————-Replaced by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).

Article 217

    Each spouse receives his income alone and assigns them as a priority to his contribution to the expenses of the marriage.

    He may use the surplus for acquisitions of goods justified by the practice of his profession; these properties are subject to its exclusive management.

    The excess is subject to the rules of the matrimonial regime of the spouses.

—————————————-Replaced by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).

Article 218

    Each of the spouses can have any deposit account for money or securities opened in their name, without the consent of their spouse, and hire a safe.

    With regard to the depositary or the lessor, it is deemed to have sole management or access to it.

    The custodian and the lessor are required to inform the spouse of the opening of the account or of the rental of the safe.

—————————————-Replaced by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).

Article 219

    Each of the spouses may, during the marriage, give his spouse a general or special mandate to represent him in the exercise of the powers which his matrimonial regime leaves him or attributes to him.

    This mandate is however revocable.

—————————————-Replaced by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).

Article 220

  • 1.If one of the spouses is absent, prohibited or unable to express their wishes, their spouse may obtain authorization from the court of first instance to carry out alone the acts referred to in 1 of article 215.
  • 2. When the spouse who is unable to express his will has not appointed an agent or has not been provided with a legal representative, his spouse may apply to the court of first instance to be substituted for him in the exercise of all or part of its powers.
  • 3. In the cases provided for in 1, the spouse may obtain authorization from the justice of the peace to collect, for household needs, all or part of the sums due by third parties.

—————————————-Replaced by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).

Article 221

    Each of the spouses contributes to the expenses of the marriage according to his faculties.

    If one of the spouses fails to meet this obligation, the other spouse may, without prejudice to the rights of third parties, be authorized by the justice of the peace to collect, to the exclusion of his or her spouse, under the conditions and the limits that the judgment fixes, the income of this one or that of the goods which it administers by virtue of their matrimonial regime, as well as any other sums which are due to him by thirds.

    The judgment is enforceable against all current or future third party debtors on the notification made to them by the clerk at the request of the plaintiff.

    When the judgment ceases to produce its effects, the third party debtors are informed by the clerk.

    Notifications made by the clerk indicate what the third party debtor must pay or stop paying.

    The authorization remains enforceable notwithstanding the subsequent filing of a petition for divorce or legal separation until the decision of the court or of the president of the court ruling in summary proceedings.

—————————————-Replaced by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).

Article 222

    Any debt contracted by one of the spouses for the needs of the household and the education of the children jointly binds the other spouse.

    However, the latter is not liable for excessive debts having regard to household resources.

—————————————-Replaced by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).

Article 223

    If one of the spouses seriously fails in their duties, the justice of the peace orders, at the spouse’s request, urgent and provisional measures relating to the person and the property of the spouses and children.

    It is the same, at the request of one of the spouses, if the agreement between them is seriously disturbed.

    If a spouse has committed against the other an act referred to in Articles 375, 398 to 400, 402, 403 or 405 of the Penal Code or has attempted to commit an act referred to in Articles 375, 393, 394 or 397 of the same Code, or if there are serious indications of such behavior, the victim spouse will be granted, except in exceptional circumstances, the enjoyment of the conjugal residence if he so requests.

    The justice of the peace may in particular prohibit one of the spouses, for the period he determines, from alienating, mortgaging or pledging movable or immovable property, own or common, without the agreement of the ‘other; he may prohibit the moving of the furniture or assign it personal use to one or the other of the spouses.

    All acts referred to in article 1 of the law of December 16, 1908 are acts of alienation.

    The justice of the peace can oblige the spouse who owns the furniture to give surety or to prove sufficient solvency.

—————————————-Replaced by art. 1st of the L. of July 14, 1976 (MB, Sept. 18) andamended by art. 3, L. 28.01.2003 (MB 12.02.2003)

Article 224

  • 1.The following can be canceled at the request of the spouse and without prejudice to the award of damages:
1. acts performed by one of the spouses in violation of the provisions of article 215;
2. acts performed by one of the spouses, after transcription of the petition or judgment, in violation of a prohibition on alienation or mortgage requested or obtained by application of article 223;
3. donations made by one of the spouses which endanger the interests of the family;
4. personal securities given by one of the spouses and which endanger the interests of the family.
  • 2. The action for nullity or for damages must be brought, on pain of foreclosure, within one year of the day on which the applicant spouse became aware of the act.

    If the spouse dies before the foreclosure is reached, his heirs have, from the date of death, a further period of one year.

—————————————-Replaced by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).

Article 225

    […]

Article 226

    […]

—————————————-Repealed by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).

Article 226bis

    […]

—————————————– Repealed by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).- Transitional provision: see. art. 4 (art. 47) of the L. of  July 14, 1976 (MB, Sept. 18).

Article 226ter

    […]

—————————————– Repealed by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).- Transitional provision: see. art. 4 (art. 47) of the L. of  July 14, 1976 (MB, Sept. 18).

Article 226quater

    […]

—————————————– Repealed by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).- Transitional provision: see. art. 4 (art. 47) of the L. of  July 14, 1976 (MB, Sept. 18).

Article 226quinquies

    […]

—————————————– Repealed by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).- Transitional provision: see. art. 4 (art. 47) of the L. of  July 14, 1976 (MB, Sept. 18).

Article 226sexies

    […]

—————————————– Replaced by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).- Transitional provision: see. art. 4 (art. 47) of the L. of  July 14, 1976 (MB, Sept. 18).

Article 226septies

    […]

—————————————– Repealed by art. 1st of the L. of July 14, 1976 (MB, Sept. 18).- Transitional provision: see. art. 4 (art. 47) of the L. of  July 14, 1976 (MB, Sept. 18).

CHAPTER VII: DISSOLUTION OF MARRIAGE

Article 227

    The marriage dissolves:

1 ° By the death of one of the spouses;
2 ° By divorce;
3 ° […]

—————————————-Al. 1, 2 amended and 3 repealed by art. 28, 2 of the L. of 15 Dec. 1949(MB, 1-3 Jan 1950).

CHAPTER VIII:

—————————————- Chapter VIII (art. 228) repealed by art. 35 of the L. of March 31, 1987 (MB, May 27).

Article 228

    […]

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image