Article 1458: Consent of the two persons marrying

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 5280/2544 (2001)

   A marriage registered without the consent of the person named, because another woman impersonated her, contravenes section 1458 and is void under section 1495; but only a judgment of the court can show that it is void, on the application of a spouse, parent or descendant under section 1496. A descendant may apply even after the marriage has ended by death, because the nullity still stands undeclared and affects his rights.

   The plaintiff sued to have the marriage between the defendant and his mother S. declared void, alleging that the defendant had registered a marriage with another woman who had impersonated S. That was an allegation that the registration was unlawful because S. had not consented, contravening section 1458 and void under section 1495, though only a judgment of the court can show a marriage to be void, on the application of a spouse, parent or descendant under section 1496. Although S. had died and the marriage had ended before the action was brought, the nullity still stood undeclared and affected the plaintiff's rights as a descendant, so he had standing to sue.

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2. Arrêt de la Cour suprême n° 3898/2548 (2005)

   Standing to ask the court to declare void a marriage that contravenes section 1458 belongs to the spouse, the parents or the descendants of a spouse, or the public prosecutor. A person outside that list cannot apply, and until a court has given judgment the marriage subsists.

   Standing to ask the court to declare void, under section 1495, a marriage that contravenes section 1458 belongs to the spouse, the parents or descendants of a spouse, or the public prosecutor. The objector was none of these and so could not apply. Since the applicant had lawfully registered her marriage to the deceased, and only a judgment of the court can show a marriage to be void under section 1496, and no one had sued and no such judgment existed, the marriage subsisted. She therefore remained the deceased's spouse and a statutory heir entitled to inherit under section 1629 paragraph two and to apply for the appointment of an administrator of his estate.

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