P.R. Laws tit. 31, § 232

2019-02-20 00:00:00+00
§ 232. Capacity—Incapacity to contract marriage

The following persons are incapacitated to contract marriage:

(1) One who is already legally married.

(2) One who is not of sound mind.

(3) Those who suffer mental retardation and/or some developmental deficiency, when such condition impedes them from giving consent.

(4) A person of the male sex under eighteen (18) years of age, and a person of the female sex under sixteen (16) years of age. Marriage contracted by persons under the said age of puberty shall, nevertheless, be valid ipso facto and without an express declaration, if one day after having arrived at the legal age of puberty the parties shall have lived together without the representatives of either of them having brought suit against its validity, or if the woman shall have conceived before the legal age of puberty or before having established such suit; and Provided, That every woman over fourteen (14) and under sixteen (16) years of age who has been seduced may contract marriage with the previous consent of her parents or tutor and if these refuse it, with the consent of the part of the Court of First Instance of the place where the seduced woman resides; and every man over sixteen (16) and under eighteen (18) years of age who is under an accusation of having seduced a woman over fourteen (14) and under sixteen (16) years of age, may also contract marriage with the previous consent of his parents or tutor, and if these refuse it, with the consent of the part of the Court of First Instance of the place where the seduced woman resides; and such marriage shall be considered sufficient to bar all prosecution, in the same form as in the other cases referred to in § 262 of the Penal Code, § 968 of Title 33.

(5) A minor who has not secured the consent required by law.

(6) A person suffering from physical impotency for the purpose of generation.

(7) A tutor and his descendants with his ward until the accounts of the guardianship shall have been definitely approved and the tutorship has ceased.

History —Civil Code, 1930, § 70; Mar. 29, 1937, No. 12, p. 133; June 2, 1976, No. 108, p. 308, §§ 1, 3; Dec. 14, 1997, No. 141, § 1.