The judicial regime of annulment of marriage and the effects of marriage annulment

AuthorIoana Nicolae
PositionLaw Faculty, Law Departament, 'Transilvania' University, Brasov, Romania
Pages133-138
AGORA International Journal of Juridical Sciences, www .juridicaljournal.univagora.ro
ISSN 1843-570X, E-ISSN 2067-7677
No. 4 (2014), pp. 133-138
133
THE JUDICIAL REGIME OF ANNULMENT OF MARRIAGE AND
THE EFFECTS OF MARRIAGE ANNULMENT
I. Nicolae
Ioana Nicolae
Law Faculty, Law Departament
“Transilvania” University, Braov, Romania
*Correspondence: Ioana Nicolae, “Transilvania” University of Brasov, 25, Eroilor street,
Brasov, Romania
E-mail: ioana.nicolae@unitbvs.ro
Abstract:
We have chosen to put together this study with the intent of examining the judicial
regime of marriage annulment and the effects of marriage annulment. Such action involves
researching the rules which govern absolute annulment or relative annulment of marriage,
who can invoke annulment, the term in which it can be invoked, if annulment can or can’t be
reclaimed. The second part of the study discusses the effects of the annulment of marriage.
Keywords: absolute annulment, relative annulment, limitation, fictional
marriage, putative marriage
Introduction
Even though the lawmaker
1
did not define the notion of “marriage annulment”, it is
easily understandable that annulment is the sanction which is applied for the disrespect of
formal conditions stated by law for the valid conclusion of marriage, with the consequence of
the dissolution of the marriage”
2
. Thus, the main effect of absolute and relative annulment is
the same: the dissolution, in regard to the future and the past, of the marriage. In detail, we are
about to analyze putative marriage, the situation of children born within an annulled marriage,
the opposability of the court’s decision to acknowledge the annulment or the court’s decision
to annul the marriage.
The judicial regime of the absolute annulment of marriage
Before analyzing the regulations which govern the judicial regime of absolute annulment,
we will list the cases of absolute annulment
3
, as they are pointed out by the lawmaker, in
articles 293-295 of the Civil Code:
- marriage between people of the same sex (article 293 alignment 1 corroborated with
article 271 first thesis of the Civil Code);
1
Marriage ann ulment is regulated, in Romanian law, in Chapter IV (Marriage annulment) of
the Second Title (Marriage) of Book II (About family) of the Civil Code passed by Law no.
287/2009, specificallt articles 293-306. In regard to the enforcement in time of the provisions
which regulate marriage annulment, article 25 of Law no. 71/2011 states that: “(1) The
validity of marriage concluded betwenn the coming into force of the new Civil Code is
etablished according to the provisions of the law which was in force at the time when the
marriage was concluded.
(2) However, if, after the comuing into force of the new Civil Code, a fac t that covers annulment occurs,
the marriage can no longer be dissolute after the comi ng into force of the Civil Code.
(3) In case the event that covers annul ment involves a cer tain term, the marri ge can’t be annuled after
that term passes from the time the Civil Code came into f irce”.
2
C. Mare, Marriage annulment in the regulation of the new Civil Code, in „Law” no. 9/2012, p. 61.
3
For a com parative view with the previous leg islation see also R. Matefi “Cases of annulment”, Bulletin of
Transilvania University of Brasov,Vol. 14(49), Series B ISSN-12 23-964X, Transilvania University P ublishing
House, 2007.

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