What is the case of the annulment of marriage?
The case of annulment of marriage was regulated between the Articles 145 and 160 of the Civil Code numbered 4721. The difference between the annulment of the marriage and the divorce is that the marriage contract was not duly carried out in the case of the annulment of the marriage and that the marriage was invalid. It is claimed that a marriage which is valid with a divorce case cannot be sustained by the fault of the other party. According to the Civil Code, marriage basically ends with the following procedures:
Opening of divorce proceedings,
Death of one of the spouses,
Ganiplik decision about the spouse, who has been lost in the danger of death or who has not been heard from him for a long time,
Cancellation of marriage due to invalidity.
Terms of Cancellation Due to Invalidity of Marriage
Marriage, in front of the official officer, if there are reasons for invalidity can be sued for the annulment of marriage. Due to the invalidity of the marriage, the cancellation can be asserted on the basis of two basic reasons: absolute butler and relative bounties. The reasons for the annulment of the marriage with the relative or absolute butler are:
Conditions of Marriage With Absolute Butlan
One of the spouses is married at the time of marriage,
One of the spouses has the power to distinguish for a permanent reason during marriage,
In one of the spouses to prevent the marriage of mental illness,
Finding kinship between the spouses to prevent marriage.
Reasons for Marriage to be Relative to Butlanla
Temporary deprivation of disarmament,
Who Can Open a Case for the Cancellation of Marriage?
The case of cancellation due to the invalidity of the marriage, in case there are absolute reasons, the public prosecutor, the concerned and the spouses; in case of relative reasons, only the spouses and in some cases may be opened by legal representatives. It is also possible for the parties to file an annulment action through a lawyer.
The Time Required To Open The Case Of Marriage Cancellation
The Civil Code did not foresee any rights lowering period in order to open a case for the annulment of marriage if there were absolute reasons. It is possible to file an annulment at each stage of the marriage. The public prosecutor, spouses and concerned persons may open this case as long as the marriage relationship continues. In some cases, even if the marriage relationship is finished (Death, etc.) by the concerned people can be opened.
Civil Code, 6 months and 5 years to lower the lawsuit for reasons of relative bereavement. Accordingly, the right to file an annulment action on the basis of the reasons for the abolition is reduced by six months from the date on which the cause of the cancellation has been learned or from the date on which the effect of fear has disappeared, and no later than five years after the date of marriage.