Swiss Civil Code


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Art. 105

B. An­nul­ment not sub­ject to a time lim­it

I. Grounds

 

Grounds for an­nul­ment are:

1.181
that one of the spouses was already mar­ried or liv­ing in a re­gistered part­ner­ship with a third party at the time of the wed­ding and the pre­vi­ous mar­riage or re­gistered part­ner­ship has not been dis­solved;
2.
that one of the spouses lacked ca­pa­city of judge­ment at the time of the wed­ding and has not re­gained such ca­pa­city since;
3.182
that the mar­riage was pro­hib­ited due to kin­ship;
4.183
one of the spouses has no in­ten­tion of liv­ing with the oth­er, but wishes to cir­cum­vent the pro­vi­sions on the ad­mis­sion and res­id­ence of for­eign na­tion­als;
5.184
a spouse has not mar­ried of his or her own free will;
6.185
one of the spouses is a minor, un­less the con­tinu­ation of the mar­riage is in the over­rid­ing in­terest of this spouse.

181 Amended by No I of the FA of 18 Dec. 2020 (Mar­riage for All), in force since 1 Ju­ly 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).

182 Amended by No 8 of the Civil Part­ner­ships Act of 18 June 2004, in force since 1 Jan. 2006 (AS 20055685; BBl 20031288).

183 In­ser­ted by An­nex No II 4 of the FA of 16 Dec. 2005 on For­eign Na­tion­als, in force since 1 Jan. 2008 (AS 20075437; BBl 20023709).

184 In­ser­ted by No I 3 of the FA of 15 June 2012 on Meas­ures against Forced Mar­riages, in force since 1 Ju­ly 2013 (AS 2013 1035; BBl 2011 2185).

185 In­ser­ted by No I 3 of the FA of 15 June 2012 on Meas­ures against Forced Mar­riages, in force since 1 Ju­ly 2013 (AS 2013 1035; BBl 2011 2185).

 

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