Question 21472 — family

Summary

Mrs. Annaïg Le Meur draws the attention of Mrs. the Keeper of the Seals, Minister of Justice, regarding article 173 of the civil code. The latter, promulgated by Law No. 1803-03-17 of March 27, 1803, provides that: “The father, the mother, and, in the absence of a father and mother, the ancestors may oppose the marriage of their children and descendants, even adults.” This article, which has not been modified since its entry into force, authorizes parents or ancestors of the future spouses to oppose their marriage, even if they are over 18 years old. This therefore allows the survival of an outdated practice characterized by disproportionate parental power given current morals. Furthermore, it is enough to count the few cases of use of article 173 to see that the latter is no longer in line with the social reality of the 21st century. Indeed, this article from civil code has only been the subject of three applications since 1995. And if some jurists still see in this article a valid alternative concerning cases where one of the spouses sees their consent distorted, it appears that the competence of the public prosecutor to oppose the marriage seems sufficient concerning this type of situation. Also, she asks him if the Government is considering repealing article 173 of the civil code.

Machine translation from French. The official text remains authoritative.

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