COMPARATIVE ANALYSIS OF MARRIAGE CANCELLATION ACCORDING TO MARRIAGE LAW NO 1/1974 AND THE BOOK OF CIVIL LAW (BURGERLIJK WETBOEK)

Abstract

Both the Marriage Law No. 1/1974 as well as the Civil Code (BW) regulates the annulment of marriages. No less than 7 articles (Articles 22-28) of Law Number 1/1974 regulate this issue. In article 22, for example, it is regulated "Marriage can be annulled, if the parties do not meet the requirements to enter into a marriage". Meanwhile, the Criminal Code regulates this issue in 16 articles (articles 85-99a) in the Sixth Part "About the Cancellation of Marriage" of the Fourth Chapter. "About Marriage". This study is intended to conduct a comparative analysis of these two legal products, both from a philosophical basis and the specific provisions regarding the "Annulment of Marriage" contained in the two laws.