Premature Marriages


ART.351

PERSONS LIABLE:
1. A widow who married within 301 days from the date of the
   death of her husband, or before having delivered if she is
   pregnant at the time of his death.

2. A woman whose marriage having been dissolved or annulled,
   married before her delivery or w/in 301 days after the date
   of the legal separation.


The purpose of the law in punishing the foregoing acts is to
prevent doubtful paternity.

The Supreme Court considered the reason behind making such
marriages within 301 days criminal, that is, because of the
probability that there might be a confusion regarding the
paternity of the child who would be born.

If this reason does not exist because the former husband is
impotent, or was shown to be sterile such that the woman has
had no child with him, that belief of the woman that after all
there could be no confusion even if she would marry within
301 days may be taken as evidence of good faith and that would
negate criminal intent.


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