Question 6109 — marital status

Summary

Mr. Antoine Armand draws the attention of the Minister of State, Keeper of the Seals, Minister of Justice, to the procedure surrounding the celebration of a posthumous marriage, as provided for in article 171 of the civil code. Established by the law of March 17, 1803, posthumous marriage allows, as an exception, to celebrate the union between a living person and their deceased partner, subject to authorization from the President of the Republic. This procedure aims to respond to painful human situations, particularly in the context of exceptional circumstances having prevented the celebration of the marriage before the death. For the request to be admissible, proof of the deceased's consent must be provided, as well as justification by serious and legitimate reasons (for example, exceptional circumstances of the death of the future spouse). However, despite the legal scope, symbolic and emotional major of this decision, the current legislation does not provide for any obligation to inform or consult the family of the deceased. This absence of legal provision raises questions about respect for the rights, memory and feelings of bereaved families, who may discover a posteriori the celebration of a posthumous marriage without having been involved or informed. Also, he asks whether, in practice, the opinion of the parents of the deceased should not be collected and better taken into account in the investigation of the file by the town hall and the Chancellery, in order to guarantee a balance between the wishes of the survivor and the respect due to the family of the deceased.

Machine translation from French. The official text remains authoritative.

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