Barriers To Marriage
ABSOLUTE MARRIAGE BARRIERS
1-SIBREDNESS:
A) Blood Kinship: According to Article 129 b. 1 of the CC, marriage is prohibited “between patrilineal and matrilineal relatives; between siblings; between uncles, aunts, uncles, aunts and aunts and nephews”.
In contrast to this article, the prohibition of marriage by consanguinity is limited to 3rd degree relatives. In other words, while an uncle cannot marry his nephew, the uncle’s child and nephew can marry. This is because the kinship between the two is a 4th degree kinship. This is forbidden for moral and medical reasons. This is because it is considered to endanger the health of generations of children who may be born as a result of marriage with close relatives, if hereditary diseases are passed down from generation to generation.
The prohibition of marriage between siblings also covers both half and full blood siblings.
B) In-laws: According to Article 129 b.2 of the Civil Code, “Even if the marriage that created the in-law kinship has ended, one of the spouses cannot marry among the other’s superior lineage and descendants”. There is no obstacle to marry with other relatives of the spouse.
c) Adoption Relationship: According to Article 129 b.3 of the Civil Code, marriage is prohibited “between the adopter and the adopted child or between one of them and the other’s descendants and spouse”.
2-PRIOR MARRIAGE: It is analyzed in MK 130. Accordingly, “The person who wants to remarry must prove that his/her previous marriage has ended. The burden of proof belongs to the person who wants to remarry.
3- MENTAL ILLNESS: This is also regulated in Article 133 of the CC and an official medical report stating that there is no medical inconvenience is required for the mentally ill to marry.
IMPEDIMENTS TO MARRIAGE
1- Waiting Period: It is regulated in CC 132. Women cannot marry after divorce until 300 days have passed, which is the maximum pregnancy period. This does not require waiting for marriage with the ex-husband or as a result of a medical report proving that she is not pregnant.
2- Some Infectious Diseases: These diseases are regulated according to Article 123 of the Public Hygiene Law. There are some obstacles for those who are infected with diseases such as syphilis, gonorrhea, soft chanr and leprosy.
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