Exam (elaborations)
PVL2601 - 5. Void, Viodable, Putative Marriages Study Guide
- Course
- Institution
PVL2601 - 5. Void, Viodable, Putative Marriages well illustrated
[Show more]
Seller
Follow
Content preview
PVL2601 - 5. Void, Viodable, PutativeMarriages
What are Void Marriages? - A void marriage is one which has simply never come into
existence. The position is thus exactly as it would have been had the "marriage" never
been concluded.
Void marriage on following -
1. Marriage is solemnized by someone who is not a competent marriage officer.
2. No witnesses present at marriage.
3. One party is already married.
4. The parties are related to each other within the prohibited degrees of relationship.
5. One of the parties is below age of puberty.
6. One of the parties is mentally ill.
What is the Consequence Of A Void Marriage - marriage is void ab initio - from the
outset - does not have legal consequences of a valid marriage.
What is a Voidable Marriage? - Marriage in which grounds are present either before or
at time of the wedding, on the basis of which the court can be requested to set the
marriage aside.
Grounds for setting aside:
1. Minority.
2. Stuprum - woman is pregnant by another man at time of marriage.
3. Material mistake.
4. Impotence.
5. Sterility.
What is the Consequences of A Voidable Marriage? - A voidable marriage remains in
force & has all the normal legal consequences of a valid marriage until it is set aside by
a court order. Children born & conceived during the voidable marriage are legitimate. In
the event the application of an annulment is successful - retroactive effect in that parties
will be placed in the position they were in before the conclusion of the marriage.
What is a Putative Marriage? - When one/both parties unaware of defect which renders
the marriage void/voidable. Party(s) must in good faith believe they are entering into a
valid civil marriage (e.g. - parties did not know that they were related within the
prohibited degrees of relationship).
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller spikerocky. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $4.59. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
68175 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 15 years now