LAWSUIT FOR DETERMINATION OF MARRIAGE
LAWSUIT FOR THE DETERMINATION OF MARRIAGE
In the section of the newspaper allocated to me this week, I will try to explain a very important issue to you. As you are also aware, there has been an increase in divorce cases in recent times. Everyone who has a legal interest has the right to file a lawsuit regarding the existence of a marriage. Furthermore, everyone who has a legal interest has the right to demand the determination of the date of marriage through litigation.
Lawsuits regarding the existence of a marriage are examined under three main headings. These are: the lawsuit for the determination of marriage, the lawsuit for the determination of the marriage date, and the lawsuit for the determination of the nullity of marriage.
Regarding the lawsuit for the determination of marriage, we can state that anyone with a legal interest may request the determination of a marriage from a judge through a lawsuit. A marriage is a life partnership established by two people of the opposite sex with the aim of continuity, as prescribed by the legal order. A valid marriage can only be spoken of if the life partnership is established in the manner prescribed by the legal order.
As for the other issue, the lawsuit for the determination of the marriage date; anyone with a legal interest has the right to request the determination of the marriage date from a family court judge. The determination of the marriage is made in accordance with the provisions in force at the time of the marriage.
The invalidity of a marriage is divided into two: the non-existence of marriage and the nullity of marriage. As can be understood from the non-existence of marriage, since a non-existent transaction produces no legal effect or consequences in the legal system, there is no need to file a lawsuit in the context of invalidity. A non-existent transaction is taken into account by the judge automatically. In the case of the non-existence of marriage, if the marriage is automatically invalid because it was not established in the manner prescribed by the legal system, a declaratory lawsuit can be filed regarding this matter.
There are constitutive elements of marriage. The parties wishing to marry must be a man and a woman, the marriage ceremony must be performed in the presence of a marriage officer, and the intent to marry must be declared. The absence of these constitutive elements results in the non-existence of the marriage.