Art. 87. The action for annulment of marriage must be commenced by the parties and within the periods as follows:
(1) For causes mentioned in Number 1 of Article 85, by the party whose parent or guardian did not give his or her consent, within four years after attaining the age of twenty or eighteen years, as the case may be; or by the parent or guardian or person having legal charge, at any time before such party has arrived at the age of twenty or eighteen years;
(2) For causes mentioned in Number 2 of Article 85, by the spouse who has been absent, during his or her lifetime; or by either spouse of the subsequent marriage during the lifetime of the other;
(3) For causes mentioned in Number 3 of Article 85, by the sane spouse, who had no knowledge of the other's insanity; or by any relative or guardian of the party of unsound mind, at any time before the death of either party;
(4) For causes mentioned in Number 4, by the injured party, within four years after the discovery of the fraud;
(5) For causes mentioned in Number 5, by the injured party, within four years from the time the force or intimidation ceased;
(6) For causes mentioned in Number 6, by the injured party, within eight years after the marriage. (31a)
Explanations:
In this article contain Period for annulment of marriage.Note that in general, the period is five years.And here are some Problems on Unsoundness of mind regarding this article.
A , man married B, a woman . It turned out that B was insane when the ceremony was performed.
a. If A knew of this insanity during the marriage ceremony may he ask successfully for the annulment of the marriage?_ No . The law clearly says he must have no knowledge of the others insanity. He who comes to equity must come with clean hands.
b. If A did not know of the insanity during the marriage ceremony may he bring action for annulment?- yes.
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