Chile

VIII. From public outrages to good manners

Article 383

Anyone who will deceive a person by simulating the celebration of marriage with her, will suffer the penalty of minor imprisonment in their medium to maximum degrees.

Art. 384

Any person who, by surprise or deceit, makes an intervention to the official who must authorize his marriage without having observed the requirements that the law requires for its celebration, even when the marriage is valid, will suffer the penalty of minor detention in its minimum degree.

If he does intervene with violence or intimidation, the penalty will be less seclusion in his grades average to maximum.

Article 388

The civil officer who authorizes or inscribes a marriage prohibited by law or in which the formalities that it requires for its celebration or registration have not been fulfilled, will suffer the minor relegation penalties in its average degree and a fine of six to Ten monthly tax units. The same fine shall apply to the minister of worship who authorizes a marriage prohibited by law.

The minister of religion who, third-party, falsifies in the act or in the certificate of religious marriage destined to produce civil effects, will suffer the penalties of presidio minor in any of its degrees.

V bis. Of the crimes of smuggling of migrants and human trafficking

Article 411 Quáter

Whoever by violence, intimidation, coercion, deception, abuse of power, taking advantage of a position of vulnerability or dependency of the victim, or the giving or receiving of payments or other benefits to achieve the consent of a person having control over another detains, transports, harbors or receives persons to be subject to some form of sexual exploitation, including pornography, forced labor or services, servitude or slavery or practices similar to it, removal of organs, shall be punished by the penalty of imprisonment in its minimum to medium degrees [5 to 15 years’ imprisonment] and a fine of fifty to one hundred monthly tax units. If the victim is a minor, even if he does not attend violence, intimidation, coercion, deception, abuse of power, taking advantage of a position of vulnerability or dependency of the victim, or the giving or receiving of payments or other benefits to achieve the consent of a person having control over another person, the penalties of imprisonment in its medium degree [10 to 15 years’ imprisonment] and a fine of fifty to one hundred UTM will be imposed. Which promote Whoever promotes, facilitates or funds the implementation of the acts described in this article shall be punished for the crime.

Penal Code 1874 (Amended 2014) – SHERLOC – Spanish – (PDF)

Art. 26. Anyone who has not reached the age of seven is called an infant or child; prepubescent, the man who has not reached fourteen years and the woman who has not reached twelve; adult, the one who has stopped being prepubescent; of legal age, or simply older, is one who has reached the age of eighteen; and minor, or simply minor, the one who has not come to fulfill them.

Art. 102. Marriage is a solemn contract by which a man and a woman are united today and indissolubly, and for life, in order to live together, to procreate, and to help each other.

 Art. 105. The marriage may not be celebrated without the consent or license of the person or persons whose consent is necessary according to the rules to be expressed, or without it being established that the respective contracting party does not need the consent of another person, or who has obtained that of justice in subsidy.

  Art. 106. Those who have reached the age of eighteen shall not be obliged to obtain the consent of any person.

 Art. 107. Those who have not reached the age of eighteen may not marry without the express consent of their parents; if one of them is missing, that of the other father or mother; or in the absence of both, that of the closest ascendant or ascendants.

 In equality of opposing votes, the one favorable to marriage will prefer.

 Art. 111. In the absence of said father, mother or ascendants, the consent of the general curator will be necessary for those who have not reached the age of eighteen.

 In the absence of the aforementioned, the consent for the marriage will be given to the minor by the Civil Registry official who must intervene in its celebration. If the latter has any of the reasons contemplated in article 113 to oppose the marriage, he shall communicate it in writing to the judge of letters of the commune or group of communes for the purposes indicated in article 112.

In the case of a child whose parentage has not yet been determined with respect to either of his parents, the consent for the marriage will be given by his general curator. In the absence of this, the provisions of the preceding paragraph will be applicable.

Art. 112. If the person who must give this consent denies it, even without expressing any cause, the marriage of minors under eighteen years of age may not proceed.

    The curator and the Civil Registry official who deny their consent will always be obliged to express the cause, and, in this case, the minor will have the right to request that the dissent be qualified by the competent court.

Art. 113. The reasons that justify dissent may not be other than these:

    1st. The existence of any legal impediment, including the one indicated in article 116;

    2nd. Failure to carry out any of the procedures prescribed in the title On second nuptials, if applicable;

    3rd. Serious danger to the health of the minor to whom the license is denied, or of the offspring;

    4th. Licentious life, immoderate passion for gambling, habitual drunkenness, of the person with whom the minor wishes to marry;

    5th. That person having been convicted of a crime that deserves an afflictive penalty;

    6th. Not having any of the spouses current means for the competent performance of the obligations of marriage.

Art. 114. He who, having not reached eighteen years of age, marries without the consent of an ascendant, being obliged to obtain it, may be disinherited, not only by the one or those whose consent was necessary, but by all other ascendants. If any of these dies without making a will, the descendant will not have more than half of the portion of property that would have corresponded to him in the deceased’s estate.

 Art. 115. The ascendant without whose necessary consent the descendant has married, may for this reason revoke the donations made to him before the marriage.

    Marriage contracted without the necessary consent of another person does not deprive the right to maintenance.

Art. 116. As long as a person has not reached eighteen years of age, it will not be lawful for the guardian or curator who has administered or administers his assets to marry her, without the administration account having been approved by the judge, with a hearing defender of minors.

    The same inability extends to the descendants of the guardian or curator for marriage with the ward or ward.

    The marriage celebrated in contravention of this provision, will subject the guardian or curator who has contracted or allowed it, to the loss of all remuneration that corresponds to him for his position; without prejudice to the other penalties that the laws impose.

    There will be no place for the provisions of this article, if the marriage is authorized by the ascendant or ancestors whose consent is necessary to contract it.

Art. 1456. Force does not vitiate consent, but only when it is capable of producing a strong impression on a sane person, taking into account their age, sex and condition. Any act that instills in a person a just fear of being exposed to her, her consort or any of her ancestors or descendants to an irreparable and serious evil is regarded as a force of this kind.

    Reverential fear, that is, the mere fear of displeasing those to whom submission and respect are owed, is not enough to vitiate consent.

 Art. 1457. For force to vitiate consent, it is not necessary for the one who is benefited by it to exercise it; it is enough that force has been used by any person in order to obtain consent.

Article 1.– The family is the fundamental nucleus of society. Marriage is the main foundation of the family.

Article 2.- The power to marry is an essential right inherent to the human person, if one is old enough to do so. The provisions of this law establish the requirements to ensure the free and full consent of the contracting parties.

      The judge will take, at the request of any person, all the measures that seem convenient to enable the legitimate exercise of this right when, by an act of an individual or an authority, it is arbitrarily denied or restricted.

Article 4.- The celebration of the marriage requires that both parties be legally capable, that they have freely and spontaneously consented to contract it and that the formalities established by law have been complied with.

Article 5.- They may not marry:

1º Those who are bound by undissolved marital bond;

2 ° The who are bound by a current civil union agreement, unless the marriage celebrates it with their civil partner;

3º Those under the age of sixteen;

4º Those who are deprived of the use of reason; and those who, due to a disorder or psychic anomaly, reliably diagnosed, are absolutely incapable of forming the community of life that marriage implies;

5º Those who lack sufficient judgment or discernment to understand and commit to the essential rights and duties of marriage, and

6th Those who cannot clearly express their will by any means, either orally, in writing or through sign language.

Article 8.- Free and spontaneous consent is lacking in the following cases:

3º If there has been force, in the terms of articles 1456 and 1457 of the Civil Code, caused by a person or by an external circumstance, which has been determining to contract the bond.

Article 44.- The marriage may only be declared void for any of the following reasons, which must have existed at the time of its celebration:

a) When one of the contracting parties has any of the disabilities indicated in article 5, 6 or 7 of this law, and

b) When the consent was not free and spontaneous in the terms expressed in article 8.

Article 46.- The ownership of the action for the annulment of the marriage corresponds to any of the presumed spouses, except for the following exceptions:

a) The nullity based on number 3 of article 5 may be sued by either spouse or by one of their ascendants, but after sixteen years by both parties, the action will be based only on the one or those who contracted without be that age;

b) The annulment action based on any of the defects provided for in article 8 corresponds exclusively to the spouse who has suffered the error or force;

c) In cases of marriage celebrated in an article of death, the action also corresponds to the other heirs of the deceased spouse;

d) The nullity action based on the existence of an undissolved marital bond also corresponds to the previous spouse or his heirs, and

e) The declaration of nullity based on any of the grounds contemplated in articles 6 and 7 may also be requested by any person, in the interest of morality or the law.

 The minor spouse and the injunction for dissipation are able to exercise the annulment action by themselves, without prejudice to their right to act through representatives.

Article 48.- The action for annulment of marriage does not prescribe by time, except for the following exceptions:

a) In the case of nullity based on the cause established in number 3 of article 5, the action will prescribe in one year, counted from the date on which the spouse unable to marry has acquired the age of majority;

b) In the cases provided for in Article 8, the action for annulment prescribes within a period of three years, counted from the disappearance of the fact that originates the vice of error or force;

c) When it is a question of a marriage celebrated in article of death, the action of annulment will prescribe in one year, counted from the date of the death of the sick spouse;

d) When the cause invoked is the existence of an undissolved marital bond, the action may be brought within the year following the death of one of the spouses, and

e) When the nullity action is based on the lack of skilled witnesses, it will prescribe in one year, counted from the celebration of the marriage.