El matrimonio en peligro de muerte
ISSN: 2340-4647
Year of publication: 2018
Issue: 12
Pages: 96-125
Type: Article
More publications in: Revista de Derecho, Empresa y Sociedad (REDS)
Abstract
Marriage in danger of death provided in article 52 of the Civil Code has been amended by Law 15/2015, of 2 July, of the Voluntary Jurisdiction. The new wording seeks to ensure that the contracting party, who is in danger of death due to an illness, consents the marriage when s/he really possesses the capacity to understand and the willingness of getting married. Although prior to the celebration of the marriage, the processing of the marriage dossier is not required, it will be necessary the presence of two witnesses and a medical opinion on the vital urgency and the capacity of the contracting party when the danger of death is due to a disease or a physical condition, unless accredited impossibility.