Estudio de la prescripción de la acción de nulidad del matrimonio contraído con una persona con vinculo matrimonial no disuelto

Abstract

The present investigation has been developed within the framework of civil law, specifically in the area of ​​persons. The central problem deals with the nullity action of the marriage determined in the civil code, the same that is configured when a marriage is celebrated with a person who has another bond undissolved marriage; discussing the problem also, of the nullity prescription. For the development of the case, we have proposed 2 assumptions, the first in the scenario that the woman who presents the action performed 3 years after the marriage, but immediately after having known of this situation, while the second assumption has to do with the fact that the woman despite knowing the bond that her suitor had, in any case I accept to marry and voluntarily sign the marriage certificate. The problem of study then, is the determination of whether in one case or another the nullity action proposed has prescribed. For the development of the corresponding analysis, we had to define the most important institutions of the case, marriage, its solemnities, the objectives of marriage, and of course the grounds for nullity of marriage. Our most important conclusions were that, in fact, in the first case, the action was not time-barred because the rule establishes that the prescription operates within 2 years from the moment in which the grounds for nullity were known. in the second case, the action had already been prescribed.