Libro Primero · Título II · Capítulo I Párrafo VI. Insubsistencia y nulidad del matrimonio

The marriage is insubsistent in the cases listed in Article 88. The declaration of insubsistence may be made on its own initiative by the judge, with the intervention of the spouses and of the Public Prosecutor's Office.

Marriage is voidable:

1º.When one or both spouses have consented by mistake, fraud or coercion;

2º.That of a person who suffers from absolute or relative impotence for procreation, provided that by its nature it is perpetual, incurable and prior to the marriage;

3º.That of any person who suffers from mental incapacity at the time of celebrating it; and

4º.That of the perpetrator, accomplice or accessory in the death of a spouse, with the surviving spouse.

The error that renders the marriage voidable is that which relates to the personal identity of the other contracting party, or arises from ignorance of any substantial defect therein, of such gravity as to make life together unbearable or constitute a danger to the offspring.

The action for nullity arising from error or fraud may only be brought by the deceived spouse, within thirty days after having become aware of the error or the fraud.

The annulment on the ground of coercion is to be sought by the aggrieved contracting party, within sixty days counted from the date on which the violence, threat or intimidation ceased. In the case of the marriage of the abductor with the abducted woman, the term shall begin to run from when the woman has recovered her full liberty.

The annulment of the marriage upon occurrence of the case in paragraph 2 of Article 145 may be requested by either contracting party if the impotence is relative; but if it is absolute the impotent spouse may not sue for nullity.

The action must be brought within six months of the marriage having been performed.

The action of nullity, in the case of paragraph 4 of Article 145, may be brought by the innocent spouse, by the children of the victim or by the Public Prosecutor's Office, within the term of six months counted, for the innocent spouse, from when he or she gained knowledge of the culpability of his or her new spouse and, for the children and the Public Prosecutor's Office, from when the new marriage was celebrated.

The nullity due to mental incapacity of one of the spouses may be sought by the capable spouse, by the father, mother or guardian of the incapacitated person and by the Public Prosecutor's Office, within sixty days counted from when they have knowledge of the marriage.

The action of nullity, other than that determined in Articles 149 and 150, does not pass to the heirs of the spouse, but they may continue the claim initiated by their decedent.

The declaration of nullity or of non-subsistence of the marriage shall be ordered to be published by the judge in the Official Gazette and shall be communicated to the civil and property registries, so that the corresponding cancellations or annotations are made.