La nulidad matrimonial en caso de falta de capacidad del cónyuge fallecido
ISSN: 2386-4567
Year of publication: 2024
Issue: 20
Pages: 860-887
Type: Article
More publications in: Actualidad jurídica iberoamericana
Abstract
The nullity of the marriage as a consequence of the lack of capacity of one of the spouses must be proved, otherwise, as of the principle of favor matrimonii, all persons have the right to marry, which has been reinforced after the Convention on the Rights of Persons with Disabilities. This paper explores this issue in depth, as well as the fact that, once this lack of capacity has been established, all the rules on the ineffectiveness of the contract cannot simply be transferred to the marriage, due to the special nature of the marriage, which has its own legal regime.