Mozambique

Article 119. Family

1. The family is the fundamental unit and the basis of society.
2. The State shall, in accordance with the law, recognise and protect marriage as the institution that secures the pursuit of family objectives.
3. In the context of the development of social relations based on respect for human dignity, the State shall guarantee the principle that marriage is based on free consent.
4. The law shall establish forms in which traditional and religious marriage shall be esteemed, and determine the registration requirements and effects of such marriage.

Mozambique Constitution 2004 (Rev 2007) – Constitute Project – English (PDF)

CHAPTER XI Crimes Against the Family

SECTION I Bigamy, usurpation of marital status and alleged and illegal marriages

A RTIGO 260 (Usurpation of another’s marital status)

Who intentionally usurp another’s marital status, or who, to harm someone’s rights, usurp marital rights through false marriage, or for the same purpose pretending married, or usurp any family rights, is punished with the imprisonment for 1 to 2 years.

 ARTICLE 17 (Civil, religious and traditional marriage)

1. Marriage is civil, religious or traditional.
2. Monogamous, religious and traditional marriage equal value and efficacy is recognized as that of civil marriage, when the requirements established by law for compliance with civil marriage.

ARTICLE 18 (Effects of religious and traditional marriage)

1. Religious and traditional marriage are governed, as far as civil effects, by the common rules of the present Law, except otherwise provided.

2. Religious and traditional marriage has effects provided for in this Law or in special legislation, provided that is duly transcribed by the civil registry services in the terms of the law.

ARTICLE 28 (Preliminary process of religious marriage)

1. The marital capacity of the spouses is proven by through a preliminary publication process, organized in the civil registry offices at the request of the betrothed or the religious dignitary, under the terms of the registration law.

2. The consent of the parents, legal representatives or guardian, relative to the minor couple, can be provided in the presence of two witnesses before the religious dignitary, who draws a statement of occurrence, signing all stakeholders.

ARTICLE 32 (Absolute direct impediments)

They are direct impediments, preventing marriage of the person they respect with any other:

a ) the age of less than eighteen years;

b ) the notorious dementia, even in the lucid intervals, and interdiction or disqualification due to psychic anomaly;

c ) previous civil, religious or traditional marriage does not dissolved, contracted under the law, provided that duly transcribed in the civil registry.

d ) the de facto union duly attested.

ARTICLE 41 (Opposition from parents or guardian)

1. When you have not given your consent, any of the parents, legal representative or guardian of the minor child, can deduct opposition under the terms prescribed in the civil registry legislation.

2. After the opposition has been deducted, the marriage can only be celebrated if the Court of Minors judging it unjustified

ARTICLE 43 (Actuality of the mutual consensus)

The will of the spouses is only relevant when manifested in the act of the celebration of the wedding.

ARTICLE 45 (Personal character of the mutual consensus)

The will to marry is strictly personal in relation to each of the spouses

ARTICLE 48 (Causes justifying non-approval)

1. The marriage cannot be approved:

a ) if the requirements established in the law, or the formalities have not been followed prescribed for the celebration of urgent marriage and for the realization of the respective provisional seat;

b ) if there are serious indications that they are assumed or false those requirements or formalities;

c ) if there is any impediment direct.

2. If the marriage is not approved, the provisional seat is canceled.

3. From the order that refuses the approval, the spouses may or their heirs, as well as the Public Prosecutor’s Office, appeal to the court in order to declare the marriage valid.

ARTICLE 54 (Validity rule)

Marriage is valid for which there is no any of the causes of legal nonexistence, nullity or annulment specified in the law.

ARTICLE 55 (Non-existent marriages)

It is legally non-existent:

a ) the marriage celebrated before anyone who has not functional competence for the act, except in the case of urgent marriage;

b ) urgent marriage that has not been approved;

c ) the wedding whose celebration was missing the declaration of will of one or both spouses, or of the attorney for one of them;

d ) the marriage contracted through an attorney, when concluded after the effects of the power of attorney, or when it has not been granted by those in it as a constituent, or when be void for lack of special powers for the act or express designation of the other contractor;

e ) marriage contracted by two persons of the same sex.

ARTICLE 56 (De facto officials)

Marriage is not considered legally non-existent celebrated by those who, without having functional competence for the act, publicly exercised the competent functions, unless both parties at the time of the celebration, they knew the lack of that competence

ARTICLE 60 (Causes of annulability)

Marriage is voidable:

a) contracted with any direct impediment, with exception of that provided for in Article 32 ( c ) of the this Law;

b) contracted, on the part of one or both spouses, with unwillingness or the will addicted to error or coercion;

c) concluded without the presence of witnesses required by law

ARTICLE 62 (Validation of marriage)

1. The irregularity is considered to have been solved and the marriage is valid, from the moment of the celebration, if before becoming final the decision of annulment occurs any of the following facts:

a) be the marriage of a non-nubile minor confirmed by the latter, before the civil registry officer and two witnesses, after reaching the age of majority or being emancipated;

b) be the marriage of the banned or disabled due to anomaly psychic confirmed by him under the terms of subparagraph a ), after being lifted the ban or disqualification or, in the case of notorious dementia, after the insane to judicially check your status sanity;

c) it is the lack of witnesses due to circumstances services, as recognized by the director of the competent registers, provided that there is no doubt about the celebration of the act.

2. The irregularity is also considered to have been remedied and the marriage, if the annulment sentence is final and unappealable or of the nullity of the marriage, any of the following facts occurs:

a ) the first wedding of the bigamous be dissolved;

b ) the termination of the partnership is declared.

3. In the situations provided for in paragraph 2 of this article, remedying the irregularity of the marriage takes effect from the dissolution of the previous marriage or declaration of termination of the de facto union.

4. Paragraph 2 does not apply to marriage 287 of the Civil Code.

ARTICLE 63 (Presumption of will)

The declaration of will, in the act of the celebration, constitutes presumption not only that the spouses wanted to contract the marriage, but that their will is not vitiated by error or coercion.

ARTICLE 64 (Nullability due to unwillingness)

Marriage is voidable due to unwillingness when:

a ) the spouse, at the time of the celebration, did not have the awareness of the act he performed, due to incapacity accidental or other cause;

b ) the spouse was in error about the physical identity of the another contractor;

c ) the declaration of will has been extorted by physical and / or moral coercion;

d ) there has been a simulation.

ARTICLE 65 (Error addicting the will)

The error that vitiates the will is only relevant for the purposes of annulment when it falls on the person of the other contracting party and consist of ignorance of any of the following facts:

a ) the practice, before marriage, of a willful crime punished with a prison sentence of more than two years, whatever the nature of this is;

b ) dishonorable life and customs before marriage

ARTICLE 68 (Annulment based on unwillingness)

1. Cancellation by simulation may be required by persons harmed by marriage, but not by spouses.

2. In the remaining cases of unwillingness, the action for annulment can only be proposed by the spouse whose will was lacking, but can continue in it their relatives and the like in a straight line, heirs or adopters, if the plaintiff dies pending the cause.

ARTICLE 69 (Annulment founded on vices of the will)

An action for annulment based on vices of will can only be attempted by the spouse who was the victim of the error or coercion, but their relatives, who are related in a straight line, can continue in the action, heirs or adopters, if the plaintiff dies pending the action

 

A RTICLE 17

(Civil, religious and traditional marriage)

1. Marriage is civil, religious or traditional.
2. Monogamous, religious and traditional marriage

equal value and efficacy is recognized as that of civil marriage, when

the requirements established by law for compliance with

civil marriage.

A RTICLE 18

(Effects of religious and traditional marriage)

1. Religious and traditional marriage are governed, as far as

civil effects, by the common rules of the present Law, except

otherwise provided.

2. Religious and traditional marriage has effects

provided for in this Law or in special legislation, provided that

is duly transcribed by the civil registry services in the

terms of the law.

A RTICLE 28

(Preliminary process of religious marriage)

1. The marital capacity of the spouses is proven by

through a preliminary publication process, organized in the

civil registry offices at the request of the betrothed or the

religious dignitary, under the terms of the registration law.

2. The consent of the parents, legal representatives or guardian,

relative to the minor couple, can be provided in the presence of two

witnesses before the religious dignitary, who draws a statement of

occurrence, signing all stakeholders.

A RTICLE 32

(Absolute direct impediments)

They are direct impediments, preventing marriage

of the person they respect with any other:

a ) the age of less than eighteen years;

b ) the notorious dementia, even in the lucid intervals,

and interdiction or disqualification due to psychic anomaly;

c ) previous civil, religious or traditional marriage does not

dissolved, contracted under the law, provided that

duly transcribed in the civil registry.

d ) the de facto union duly attested.

A RTICLE 41

(Opposition from parents or guardian)

1. When you have not given your consent, any of the

parents, legal representative or guardian of the minor child, can deduct

opposition under the terms prescribed in the civil registry legislation.

2. After the opposition has been deducted, the marriage can only be celebrated if

the Court of Minors judging it unjustified

ARTICLE 43

(Actuality of the mutual consensus)

The will of the spouses is only relevant when manifested in the

act of the celebration of the wedding.

ARTICLE 45

(Personal character of the mutual consensus)

The will to marry is strictly personal in

relation to each of the spouses

A RTICLE 48

(Causes justifying non-approval)

1. The marriage cannot be approved:

a ) if the requirements established in the

law, or the formalities have not been followed

prescribed for the celebration of urgent marriage and

for the realization of the respective provisional seat;

b ) if there are serious indications that they are assumed or false

those requirements or formalities;

c ) if there is any impediment direct.

2. If the marriage is not approved, the provisional seat

is canceled.

3. From the order that refuses the approval, the spouses may

or their heirs, as well as the Public Prosecutor’s Office, appeal to

the court in order to declare the marriage valid.

ARTICLE 54

(Validity rule)

Marriage is valid for which there is no

any of the causes of legal nonexistence, nullity or

annulment specified in the law.

The ARTICLE 55

(Non-existent marriages)

It is legally non-existent:

a ) the marriage celebrated before anyone who has not

functional competence for the act, except in the case of

urgent marriage;

b ) urgent marriage that has not been approved;

c ) the wedding whose celebration was missing the declaration

of will of one or both spouses, or of the

attorney for one of them;

d ) the marriage contracted through an attorney,

when concluded after the effects of the

power of attorney, or when it has not been granted

by those in it as a constituent, or when

be void for lack of special powers for the act or

express designation of the other contractor;

e ) marriage contracted by two persons of the same sex.

The RTICLE 56

(De facto officials)

Marriage is not considered legally non-existent

celebrated by those who, without having functional competence for the act,

publicly exercised the competent functions, unless both parties

at the time of the celebration, they knew the lack of that

competence

The RTICLE 60

(Causes of annulability)

Marriage is voidable:

a ) contracted with any direct impediment, with exception of that provided for in Article 32 ( c ) of the this Law;

b ) contracted, on the part of one or both spouses, with unwillingness or the will addicted to error or coercion;

c ) concluded without the presence of witnesses required by law

A RTICLE 62

(Validation of marriage)

1. The irregularity is considered to have been solved and the marriage is valid,

from the moment of the celebration, if before becoming final

the decision of annulment occurs any of the following facts:

a ) be the marriage of a non-nubile minor confirmed by

the latter, before the civil registry officer and two

witnesses, after reaching the age of majority or being

emancipated;

b ) be the marriage of the banned or disabled due to anomaly

psychic confirmed by him under the terms of subparagraph a ),

after being lifted the ban or disqualification

or, in the case of notorious dementia, after the

insane to judicially check your status

sanity;

c ) it is the lack of witnesses due to circumstances

services, as recognized by the director of the

competent registers, provided that there is no doubt about

the celebration of the act.

2. The irregularity is also considered to have been remedied and the

marriage, if the annulment sentence is final and unappealable

or of the nullity of the marriage, any of the following facts occurs:

a ) the first wedding of the bigamous be dissolved;

b ) the termination of the partnership is declared.

3. In the situations provided for in paragraph 2 of this article,

remedying the irregularity of the marriage takes effect from the

dissolution of the previous marriage or declaration of termination

of the de facto union.

4. Paragraph 2 does not apply to marriage 287 of the Civil Code.

A RTICLE 63

(Presumption of will)

The declaration of will, in the act of the celebration, constitutes

presumption not only that the spouses wanted to contract the

marriage, but that their will is not vitiated by error

or coercion.

ARTICLE 64 (Nullability due to unwillingness)

Marriage is voidable due to unwillingness when:

a ) the spouse, at the time of the celebration, did not have the awareness of the act he performed, due to incapacity accidental or other cause;

b ) the spouse was in error about the physical identity of the another contractor;

c ) the declaration of will has been extorted by physical and / or moral coercion;

d ) there has been a simulation.

ARTICLE 65 (Error addicting the will)

The error that vitiates the will is only relevant for the purposes of annulment when it falls on the person of the other contracting party and consist of ignorance of any of the following facts:

a ) the practice, before marriage, of a willful crime punished with a prison sentence of more than two years, whatever the nature of this is;

b ) dishonorable life and customs before marriage

ARTICLE 68 (Annulment based on unwillingness)

1. Cancellation by simulation may be required by persons harmed by marriage, but not by spouses.

2. In the remaining cases of unwillingness, the action for annulment can only be proposed by the spouse whose will was lacking, but can continue in it their relatives and the like in a straight line, heirs or adopters, if the plaintiff dies pending the cause.

ARTICLE 69 (Annulment founded on vices of the will)

An action for annulment based on vices of will can only be attempted by the spouse who was the victim of the error or coercion, but their relatives, who are related in a straight line, can continue in the action, heirs or adopters, if the plaintiff dies pending the action

ARTICLE 72 (Annulment based on unwillingness)

The action for annulment due to the unwillingness of one or both weddings can only be established within one year from the date of the celebration of the wedding or, if this fact was ignored by the applicant in the year following the moment in which knowledge of the wedding celebration.

ARTICLE 73 (Annulment founded on vices of the will)

The action for annulment based on defects in the will has expired, if it is not initiated within one year from the date of celebration of the wedding, or within a year thereafter cessation of addiction

ARTICLE 77 (Marriage of minors)

1. The minor who marries the opposition of the parent or guardian, do so, or without waiting for the court’s favorable decision in the case of opposition, it continues to be considered minor in terms of to the administration of assets that it takes to the marriage or that subsequently come to you by free title, until the age of majority or full emancipation, but the income from those goods will be. The food necessary for your condition is not arbitrated.

2. The assets withdrawn from the minor’s administration are administered parents, guardian or legal administrator, and in no case neither be handed over to the administration of the other spouse during the minority of their consort and do not answer either before or after the dissolution of the marriage, for debts contracted by one or both in the same period.

3. The approval of the marriage by the parents or guardian causes the sanctions prescribed in paragraphs 1 and 2 of this article