Profesie van n reeumlnboognasie maagersfontein essay

In the event of the death of one or both spouses, these duties are incumbent upon the custodian and the legal tutor, according to Profesie van n reeumlnboognasie maagersfontein essay respective responsibilities. Article 41 The court will not authorize polygamy: The other party must be of legal majority and explicitly consent in an official record to marrying a disabled person.

This notice and consent are recorded in an official report. Article 17 The marriage contract is concluded in the presence of the parties. She or he has the right to demand compensation. Article 89 If the husband has assigned his right of repudiation to his wife, she can exercise this right by petitioning the court according to the provisions of preceding Articles 79 and Article 87 As soon as the husband deposits the required sum of money, the court authorizes him to register the repudiation with the two adouls public notaries in the same district as the court.

Article 67 The marriage contract shall contain the following: If the husband persists in his polygamy authorization petition, and the wife to whom he wishes to join a co-wife refuses to consent and does not ask for divorce, the court automatically applies the irreconcilable differences procedure in Articles 94 and 97 below.

Engagement takes place through the expression by the two parties of a reciprocal promise to marry by any accepted means, including the reading of the Sura of Al Fatiha from the Holy Koran and the customary exchange of presents. Article 34 All possessions the wife brings with her to the marriage including furniture and accompanying items are her property.

Article 66 If a person employs fraud to obtain the authorization or the certificate of capacity mentioned in Clauses 5 and 6 of the preceding Article or to evade them, the dispositions of Article of the Penal Code will be applied to the author and his accomplices upon request by the injured party.

Article 58 The court shall declare such a marriage invalid in accordance with the provisions of preceding Article 57 the moment it gains knowledge of it, or upon the request of the concerned party. Its form and content shall be specified in a decree by the Minister of Justice; 2- A copy of the birth certificate.

This agreement is indicated in a written document separate from the marriage contract. Article 15 Moroccans who have concluded their marriage according to the laws of their country of residence must submit a copy of the marriage contract within three months of its conclusion to the Moroccan consular section of the consular district where the marriage contract was concluded.

Presents are returned in the state in which they were initially offered or reimbursed according to their value, depending on the circumstances. Article 48 Conditions that confer a legitimate benefit on the person who drew them up are valid and binding on the spouse who agreed to them.

Article 73 Divorce must be expressed by explicitly spoken words and in writing, and for those incapable of both, an unequivocal sign from which divorce is inferred. A summary of it is transmitted to the Civil Status office at the birthplaces of both spouses, accompanied by a return receipt within fifteen days after the judge has authenticated it.

Of Capacity and Tutelage in Marriage Article 19 Men and women acquire the capacity to marry when they are of sound mind and have completed eighteen full Gregorian years of age.

The Moroccan Family Code (Moudawana) of February 5, 2004

Article 72 Dissolution of a marriage produces the effects cited in this Moudawana from the date of the: Of the Husband and Wife Article 51 The mutual rights and duties between spouses are: When the payment of the deferred dowry is in dispute, the husband must prove that he has paid it.

Of Death Death and its date are established before the court by all accepted means. After consummation, this marriage results in payment of the dowry, and when good intentions are present it also results in the acknowledgement of paternity as well as the impediments that result from the marriage.

Article 53 When either spouse evicts the other from the marital home without justification, the Public Prosecutor shall intervene to return the evicted person to the house immediately and shall take all necessary measures to guarantee his or her safety and protection.

Article 38 Impediments to marriage resulting from kinship by breastfeeding are the same as those prohibited through blood kinship and kinship by marriage. Of Repudiation Article 78 Repudiation is the dissolution of the bonds of matrimony exercised by the husband and wife, each according to his or her respective conditions, under judicial supervision and according to the provisions of this Moudawana.

If the engaged woman refuses to reimburse the money with which she bought furniture, the person responsible for breaking off the engagement assumes the loss between the value of the furniture and the amount of money initially paid.

However, if neither the husband nor the wife presents any evidence, the husband under oath claims those effects that men habitually use and the wife under oath claims those effects that women habitually use.

Only the breastfed child — not his or her brothers and sisters — is considered the child of the woman who breastfeeds him or her and of her husband. To the extent possible, parents must provide adequate circumstances for their children to pursue their studies according to their physical and intellectual capacities.

Failing this, the court shall fix an amount of money to cover housing expenses to be deposited with the court as part of the vested rights due to the wife. Article 60 The defective marriage is annulled before it is consummated and does not result in a dowry when the dowry does not meet the legal conditions.

Article 44 The hearing takes place in the consultation room in the presence of both parties, and both are heard in order to reach agreement and reconcile them after an examination of the facts and the presentation of the requested justifications. Article 84 The amount due to the wife includes: The dowry is not subject to prescription.

Some of these marriages are annulled before they are consummated and validated after consummation, while other marriages are annulled before and after consummation.

She has no right to the dowry before the marriage is consummated: Article 90 The repudiation authorization petition is not accepted from an inebriated person, a person who has been forced to do so, or an irate person. The court may take all necessary measures, including the appointment of two arbitrators, a family council or whomever it deems qualified to reconcile the couple.This unofficial English translation of the Moroccan Family Law (Moudawana) (February 3, ) To Implement Law n° as the Family Code.

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