CCQ-1991 - Civil Code of Québec

Section 373 Disposition versions

2016-06-08

373. Before solemnizing a marriage, the officiant ascertains the identity of the intended spouses, compliance with the conditions for the formation of the marriage and observance of formalities prescribed by law. More particularly, the officiant ascertains that the intended spouses are free from any previous bond of marriage or civil union, except in the case of a civil union between the same spouses, and, in the case of minors, that the court has authorized the solemnization of the marriage.

The minor may apply alone for the court’s authorization. The person having parental authority or, if applicable, the tutor must be summoned to give his or her advice.

1991, c. 64, a. 373; 2002, c. 6, s. 24; 2004, c. 23, s. 6; I.N. 2014-05-01; I.N. 2015-11-01; 2016, c. 12, s. 10.

2015-11-01

373. Before solemnizing a marriage, the officiant ascertains the identity of the intended spouses, compliance with the conditions for the formation of the marriage and observance of formalities prescribed by law. More particularly, the officiant ascertains that the intended spouses are free from any previous bond of marriage or civil union, except in the case of a civil union between the same spouses, and, in the case of minors, that the person having parental authority or, if applicable, the tutor has consented to the marriage.

1991, c. 64, a. 373; 2002, c. 6, s. 24; 2004, c. 23, s. 6; I.N. 2014-05-01; I.N. 2015-11-01.

2014-05-01

373. Before solemnizing a marriage, the officiant ascertains the identity of the intended spouses, compliance with the conditions for the formation of the marriage and fulfilment of the formalities prescribed by law. More particularly, the officiant ascertains that the intended spouses are free from any previous bond of marriage or civil union, except in the case of a civil union between the same spouses, and, in the case of minors, that the person having parental authority or, if applicable, the tutor has consented to the marriage.

1991, c. 64, a. 373; 2002, c. 6, s. 24; 2004, c. 23, s. 6; I.N. 2014-05-01.

2004-11-10

373. Before solemnizing a marriage, the officiant ascertains the identity of the intended spouses, compliance with the conditions for the formation of the marriage and observance of the formalities prescribed by law. More particularly, the officiant ascertains that the intended spouses are free from any previous bond of marriage or civil union, except in the case of a civil union between the same spouses, and, in the case of minors, that the person having parental authority or, if applicable, the tutor has consented to the marriage.

1991, c. 64, a. 373; 2002, c. 6, s. 24; 2004, c. 23, s. 6.

2002-06-24

373. Before solemnizing a marriage, the officiant ascertains the identity of the intended spouses, compliance with the conditions for the formation of the marriage and observance of the formalities prescribed by law. More particularly, the officiant ascertains that the intended spouses are free from any previous bond of marriage or civil union and, in the case of minors, that the person having parental authority or, if applicable, the tutor has consented to the marriage.

1991, c. 64, a. 373; 2002, c. 6, s. 24.

1994-01-01

373. Before proceeding with a marriage, the officiant ascertains the identity, age and marital status of the intended spouses.

The officiant may not solemnize the marriage unless:

(1)  the intended spouses are at least 16 years of age and, in the case of minors, the officiant has ascertained that the person having parental authority or, as the case may be, the tutor consents to the solemnization of the marriage;

(2)  all the formalities have been completed and the dispensations, if any, have been granted;

(3)  the intended spouses are free from any previous marriage bond;

(4)  neither spouse is, in relation to the other, an ascendant, a descendant, a brother or a sister.

1991, c. 64, a. 373.