Part Ⅳ Family
Chapter II Marriage
Section 2 Conclusion of Marriage
A man who has not completed his eighteenth year of age and a woman her sixteenth may not conclude a marriage.
A minor must have the consent of his statutory agent for concluding a marriage.
A marriage shall be effected in writing, which requires the signatures of at least two witnesses, and by the registration at the Household Administration Bureau.
A person may not marry any of the following relatives:
(1) A lineal relative by blood or by marriage;
(2) A collateral relative by blood is within the sixth degree of relationship. The limit to marriage shall not be applicable to persons of lineal relative within the fourth degree of relationship and collateral relative within the sixth degree of relationship by adoption.
(3) A collateral relative by marriage is within the fifth degree of relationship of a different rank.
The marriage prohibitions between relatives by marriage provided in the preceding paragraph shall continue to apply even after the dissolution of the marriage which has created the relationship.
The limit to marriage with the lineal relative by blood or by marriage set forth in the first paragraph hereof shall be applicable to persons of lineal relative by adoption after ending of the adoption relationship.
A guardian may not marry his ward during the continuance of guardianship, unless consent of the ward's parents has been obtained.
A person who has a spouse may not contract another marriage.
A person shall not marry with two or more persons simultaneously.
A marriage is void if any one of the following conditions are met:
(1) Where it does not conform to the formalities provided by Article 982,
(2) Where it violates the marriage prohibition as provided in Article 983, or
(3) Where it violates the marriage prohibition as provided in Article 985. Except where bigamous parties get married in good faith and without negligence by relying on the dissolution of a prior marriage resulting from an agreement or an irrevocable judgment.
In the circumstance pursuant to the third paragraph of the preceding provision, the previous marriage is dissolved on the date that the later marriage is formed.
The effect that the previous marriage is deemed as dissolved applies mutatis mutandis to the effect of divorce, unless otherwise provided for by law. However the remainder of the property is disposed of as distributed or agreed. No claim shall arise otherwise.
Where the previous marriage is deemed as dissolved pursuant to the first paragraph, the right to claim for distribution of the remainder [of the property] shall be extinguished if it is not exercised within two years from the time when the claimant has known that there is such a remainder [of the property], or if five years has elapsed from the revocation of divorce agreement or the reverse of the divorce judgment being finalized.
Where the previous marriage is deemed as dissolved pursuant to the first paragraph, the non-fault spouse in the previous marriage has the right to compensation against the other spouse.
Under the condition provided in the preceding paragraph, the spouse in the previous marriage may claim equitable compensation for a non-pecuniary loss.
The claim provided in the preceding paragraph shall not be assigned to others or passed to heirs, except if it has been acknowledged by a contract or an action has been commenced.
Where a marriage is concluded contrary to the provision of Article 980, the party concerned or his statutory agent may apply to the court for its annulment; but such application may not be made, where the party concerned has attained the age specified in the said article or where the woman has become pregnant.
Where a marriage is concluded contrary to the provision of Article 981, the statutory agent may apply to the court for its annulment; but such application may not be made where six months have elapsed after the discovery of the fact or one year has elapsed after the conclusion of the marriage, or where the woman has become pregnant.
Where a marriage is concluded contrary to the provision of Article 984, the ward or his nearest relative may apply to the court for its annulment; but such application may not be made where one year has elapsed after the conclusion of the marriage.
Where one spouse is sexually impotent at the time of marriage and such incapacity is incurable, the other party may apply to the court for the annulment of the marriage; but the applicant may not make such application after three years from the time of awareness of such incurability.
Where, at the time of marriage, one spouse is in a condition of absence of discernment or mental disorder, such spouse may within six months after he is restored to normal condition apply to the court for the annulment of such marriage.
A person who has concluded a marriage by fraud or by duress may apply to the court for its annulment within six months after awareness of the fraud or after the cessation of the duress.
The effect of an annulment of marriage is not retroactive.
A party to a marriage who has sustained damage through nullity or annulment of the marriage may claim compensation from the other party. This, however, does not apply where the other party is not at fault.
In the case mentioned in the preceding paragraph, the injured party who is not at fault may also claim an equitable compensation in money though there is no pecuniary loss.
The claim mentioned in the preceding paragraph is not transferable and does not pass to heirs, unless it has been acknowledged by contract or has involved litigation.
The provisions in Article 1057 and Article 1058 shall be applicable mutatis mutandis to invalid marriage.
The provisions in Article 1055, Article 1055-1, Article 1055-2, Article 1057 and Article 1058 shall be applicable mutatis mutandis to annulled marriage.