LAW 26 April 1986 n. 49 (published May 22, 1986)
Reform of family law.

We the Captains Regent of the Most Serene Republic of San Marino
promulgate and publish the following law approved by the Great and
General Council at its meeting on 26 April. TITLE I


OF MARRIAGE Art.
1 (Definition of Marriage)
Marriage is the union of a man and a woman founded on a free and responsible choice
Based on the moral and legal equality of the engaged couple.
The State recognizes the vital role of the family and promotes well-being.
Art. 2
(marriage Regulation)
Marriage is governed by the provisions of this Act.
Art. 3
(civil effects of marriage)
The civil effects are produced:
-
to civil marriage - religious marriage contracted by any rite and celebrated in the observance of the laws of the State
.
The transcription The fact that the marriage has to be requested by both spouses, by
form and to the Office of Civil State for at least one of the spouses or
person specifically delegated by same by 3 ° working day from the date of celebration of marriage
.
The civil effect the day of the marriage.
Art. 4
(Of the necessary conditions to enter into marriage - age)
The younger age can not enter into marriage.
The Law Commissioner, which tutelary judge may authorize, for grave reasons the
marriage of the minor who has attained the age of 16, after consulting the
exercising parental authority or guardianship, established the psychological maturity physical means experts on medical and psychological.
Art.
5 (Absence of interdiction for mental infirmity)
The interdict to infirmity of mind can not marry.
The celebration of the marriage of the person against whom the procedure is pending interdiction
for mental infirmity is suspended until the judgment of interdiction.
If the ban was declared subsequent to marriage, an appeal may be
proposal is the other spouse is the guardian.
Art. 6
(State Freedom)
can not marry those who are bound by a previous marriage.
One who has already married must prove his freedom status, by showing the
full copy of the spouse's death or of the marriage certificate bearing the annotation of
declaratory judgment of death alleged spouse, or the record of the dissolution
ruling, the termination of the civil effects or previous marriage nullity.
Art. 7
(Absence of kinship, affinity, adoption)
can not marry each other:
1) in the ascending or descending in a straight line, legitimate or natural;
2) the brothers and sisters with, whole or half blood;
3) the uncle and nephew; aunt and nephew;
4) in-laws in a straight line; the prohibition applies even if the affinity derives from marriage
declared invalid or dissolved or for which was pronounced the termination of the civil effects;
5) or affinity in the collateral line in the second degree;
6) the adopter, the adoptee and his descendants;
7) adopted children of the same person;
8) the adoptee and adoptive children;
9) the spouse of the adopter and the adoptee, the adopter and the adoptee's spouse.
The prohibitions contained in the numbers 2 and 3 shall also apply if the relationship depends on natural filiation.
The Law Commissioner may grant dispensation in the case indicated by the number 5. The pantry
may be granted even if indicated by the number 4 when the affinity comes from
marriage declared invalid.
Art. 8
(Prohibition of marriage between persons one of which has undergone
conviction for murder or failure to consummate or attempted Spouse
own or other)
can not marry each other the persons one of whom has been convicted of murder or failure
consummated or attempted on their own spouse or the other.
If you were the only one final dispute that was issued
measure restricting personal liberty pending judgment, you suspend the celebration of the marriage until
has not been pronounced the acquittal.
Art. 9
(Temporary prohibition of remarriage)
can not marry the woman until after three hundred days from the dissolution or
passage judicata of a winding up or termination of the civil effects or invalidity || | previous marriage, unless it produces certifi medical action that excludes the pregnancy
.

TITLE II FORMALITIES '
BEFORE THE CELEBRATION OF MARRIAGE

Art. 10
(Publications and place)
The celebration of the marriage must be preceded by publications made into
rolls set at the Civil Status Office.
The publication consists of the exposure of the Albo of the posters of the civil state and home
of the Castle or the house of the town of origin of those being married, an act which indicated the name, the surname
, the place and date of birth, residence and nationality of the spouses, if they are
major or minor of age, as well as the place where they intend to celebrate the marriage.
The act must also indicate the name and surname of the father, the name and surname of the mother of the engaged
.
The celebration of marriage is subject to rilscio Certificate performed
publications from the Office of Civil State.
Art.
11 (Exemptions from publications)
The Law Commissioner may grant a dispensation from the publications.
The decision granting the dispensation from the publications must be performed by those who have requested
.
Art.
12 (Duration of publications)
The act of publications is posted at least eight days.
Of this formality is drawn into the minutes of the civil status register space for
requests for publications.
Art. 13
(Request Publications)
Officer of Civil Status, received a request for publication by the engaged, it transcribes
within twenty four hours by arranging for posting in the books of art. 10.
Art.
14 (Documents for publications)
The request of the marriage banns must be accompanied by the following documents:
-copy of the birth certificate and certificate of citizenship and residence of each of those to be married;
-certificate Free status;
-Act Of lack of impediments fame;
-copy Of the consent decree of Law Commissioner for the younger age.
In the absence of the birth can make up for the production of an affidavit.
Art.
15 (Refusal of publications)
The Official of Civil State that decides it can not proceed to the publications released
reasoned statement of denial.
Against the refusal is given recourse to the Commissioner's Court.
Art.
16 (Deadline for the marriage)
Marriage can not be celebrated before the fourth day following the occurred
publications.
If the marriage is not celebrated in the one hundred and eighty days following the publication occurred
These are considered as void.
Art. 17
(Of oppositions to marriage - People who can make opposition)
Parents, or in their absence, the ascending and collateral to the second degree can make
opposition to the marriage of their relatives for any reason provided by the law which precludes the
celebration.
If one of the spouses is subject tutelage or guardianship, the opposition is for the guardian or the curator.
The right to object even to the person responsible spouse who wants to contract another marriage
.
The Treasury Attorney must make opposition to mtri onio whether the absence of the illness of one of the engaged couple
mind against whom, because of age or for any other reason, has not been
promoted the cut-off procedure or if the absence of the istenza and any other impediment to the celebration of marriage by anyone
reported.
Art.
18 (Notice of Opposition)
The notice of opposition is proposed to the Law Commissioner and must be notified in the form of citation
to the engaged couple and the state official by the day before the celebration | || marriage.
Art. 19
(opposition Effects)
The opposition made by those who have the authority shall suspend the celebration of the marriage until on it
intervenes final judgment.
If the appeal is rejected, the opponent may be ordered to pay damages.

TITLE III THE CELEBRATION OF MARRIAGE
Art. 20
(Place of the celebration)
The wedding is to be celebrated in public institutions or used for worship places locations.
Art.
21 (Form of the celebration)
On the appointed day, the celebrant, in the presence of two witnesses, although relatives, read out to the engaged couple
art. 28 of this Act and receives from each of them personally the declaration of mutual acceptance
for husband and wife, and below that ruling were married.
This declaration may not be subjected to nor terms, nor to conditions.
The marriage must be completed immediately after the celebration.
In the case of civil Secretary of State for Home Affairs or his delegate marriage must be

Assisted by the Registrar Civil Status which immediately returns the original of the
marriage.
The Official of the Civil State, just received the marriage certificate stating, in the case of marriage religious
, the transcription request under the RT. 3 of this Act, shall forthwith care
entry into the records of the Civil State.
Art. 22
(Impossibility of one of the engaged couple to reach the place of the marriage)
If one of those to be married by illness or other impediment justified at the Official State Civil
, is unable to travel in the offices of public institutions or in places used for worship,
the Home Secretary or his delegate, assisted by the Registrar Civil Status, or
the celebrant moves in the place where is located groom prevented and there, in the presence of four witnesses
, proceed to the celebration of marriage.
Art. 23
(Exhibition of the act of celebration of marriage)
No one can claim the title of spouse and the effects of the marriage, if not present the act of celebration
extracted from vital records.
The possession of state, though claimed by both spouses, shall not exempt from presenting the act of
celebration.
The holding conformed act of celebration of marriage, healthy every defect of form.
Art. 24
(failure of the marriage certificate)
In the case of destruction or loss of civil status registers and in any other case where the
marriage certificate was not included in the state registers civil, the existence of marriage
may be proven by any means.
Art. 25
(Marriage of the citizen abroad)
For the purposes of the citizen of the marriage is registered is subject to the provisions contained in the Securities
I and II of this Act even when contracts marriage in a foreign country according to the forms therein
established.
Art. 26
(Marriage of foreigners in the Republic)
​​ A foreigner who has no domicile or residence in the State and wants contrarvi
marriage must submit to the state official of the competent authority a declaration of the
country to the effect that, according to the laws to which it is subjected, no impediment to marriage.
The stranger is, however, subject to the provisions contained in Title I and II.
Art.
27 (Determination of the national law on matrimonial property regime)
When the celebration of marriage, the engaged of different nationalities must declare by
which national law will be regulated the regime on Equity ale family.
The statement noted by the Officer of the Civil State in the margin of the marriage certificate.

TITLE IV RIGHTS AND OBLIGATIONS ARISING FROM MARRIAGE
Art. 28
(Reciprocal rights and duties of the spouses)
From the marriage derive equal rights and duties for both spouses.
Since marriage is derived, include mutual respect, moral and material assistance to
cohabitation, fidelity and cooperation in the i interest of the family.
Both spouses have the right to carry out work outside un'attivi à d
family environment have an obligation to contribute, each according to their resources and to their ability, to
housework and for the family.
Art. 29
(Organization of family life and home)
The spouses shall agree the organization of family life and secure the home of
family in accordance with the needs of the household.
In case of disagreement, each spouse may request the intervention of the Law Commissioner
which must hear the views of all members of the family who have reached sixteen years
.
Both spouses, for business reasons, may set a domicile outside territory other
that of the family.
Art. 30
(Expulsion from the family home)
The spouse who moves away from the family home without cause and refuses to return there is suspended
moral right to assistance and material.
It constitutes just cause for expulsion from the family home to be in contravention of the obligations of the other spouse
art. 28.
It is also right because the proposition of order now for separation, nullity or termination
of the civil effects of marriage.
Art. 31
(Duties towards the children)
Both spouses have the obligation to maintain, instruc King and educate their children with respect for
personality and aspirations of children.
The spouses must fulfill the obligation in proporzi it to the family to
substances and respective capabilities.
Art. 32
(Fulfillment and extent of maintenance obligations of children)

The alleged father, mother and son are parts necessary in the judgment of disavowal.
If one of the parties is less, or disqualified, the Commissioner of the Law appoints a special guardian.
If the alleged father or the son died, the action is proposed against the ascending line to whom
preceding article as well as the heirs.
Art.
42 (Legitimacy of action challenge to the lawfulness,
imprescriptibility)
The action to challenge the legality of it subsidiaries are those who son
Act of birth proves its parent, both to anyone who is interested.
The proceedings are not.
When the action is brought against a near-death people or minor or otherwise incapable, you
observe the provisions of the preceding article.
In the lawsuit both parents must be called. TITLE VI


DESCENT NATURAL Art. 43
(Recognition)
And 'natural son born out of wedlock. The natural child may be recognized by his father and by his mother
, both jointly as separatamen and although already united in marriage with another person
.
In the event that one or both parents are minors recognition takes place at the request of those who
has parental responsibility on the parent or the child's parents ni.
In the event that the operator of the power does not lead to the instance the Law Commissioner
appoint a guardian to a minor parent and if it deems it to the baby.
The recognition of the child who has attained the age of sixteen years has no effect without his assent.
Art. 44
(Reliance of the natural son and his inclusion She legitimate family)
If the minor biological child of either spouse during the marriage is recognized, the
Law Commissioner, assessed the circumstances es ntiti other parent and the child who has
turned sixteen, he decided reliance of the child and shall take such other measures to protect the interests
moral and material of the child.
To enter the natural son in egittima family of one of the parents, heard the other
parent, you need the consent of the other spouse.
If the natural child is recognized before marriage, its inclusion in the
legitimate family of one parent, the other parent felt, is subject to the consent of the other spouse
, unless the child was already living with the parent at the time of marriage or the other spouse
he knew the existence of the natural child.
The biological parent may submit opposition to the measures taken by the Commissioner of
Law.
Art. 45
(shape recognition)
The recognition of the natural child is made in the act of birth, or with a special
statement, back to the birth or concepim nto, before the state official or
before the Law Commissioner, or in public or in a will, whatever the form of this
.
Art.
46 (Recognition of a child pre-dead)
It can also take place recognizing the predeceased son, in favor of his descendants.
Art. 47
(Irrevocability recognition)
It is not the date of revocation action against the recognition of natural filiation, except in cases of appeal
in art. 50.
When recognition is contained in a will takes effect on the date of death of the testator
although the will was revoked.
It 'void any provision purporting to limit the effects of this recognition.
Art.
48 (Effects of recognition)
The recognized natural child acquires all gleffetti law, including those successors,
status of a legitimate child.
Art. 49
(Name of child)
The natural child takes the surname of the parent to first ch recognized him.
If parents have recognized the child also take their father's surname.
Art.
50 (Appeals)
Who carries out the recognition, those who have been recognized and any interested party can challenge it
for truthfulness defect.
The proceedings are not.
The award may be challenged by violence, by the author of the recognition, within one year from the day
where violence has ceased.
If the author of the award is less, the action may be brought within one year of age
greater achievement.
The award may be challenged for failure resulting from legal prohibition by
representative Interdict and, after the lifting Home Switch rdizione, author of the award,
within one year from the date of withdrawal.
The award may be challenged for failure within one year from the day when the inability ceased
.
Art. 51
(transmissibility action recognition)

In the cases mentioned in the 3rd and 5th paragraph of the previous article, if the author of the award is dead
without having promoted the action, but before the term has expired, the action can be promoted by
descendants, ascendants or the heirs.
Art. 52
(Measures pending the judgment)
When challenged the award, the Law Commissioner may issue, pending
judgment, the measures it considers appropriate in the interests of the child.
Art. 53
(judicial declaration of paternity and maternity)
The natural parenthood can be declared judicially.
The proof of fatherhood and motherhood is given d ccertamenti expert hematologic, medicolegal
and bio-genetic, and by any other means.
The declaration of the mother and the existence of a relationship between the mother and the alleged father at the time of conception
are indications of biological fatherhood.
Art. 54
(bring proceedings and term)
The action for a declaration of paternity judicially or natural maternity it is imprescriptible
about the son.
If the child dies before the action started, this can be promoted by the descendants
within two years from the death.
If the child is a minor the action may be brought by the person exercising parental authority or by the trustee;
if he turned sixteen need his consent to the filing of the action.
To interdict the action may be brought by the guardian, with the approval of the Commissioner of
Law.
Art. 55
(Entitlement passive)
The action for paternity or maternal à ATURAL declaration it must be brought against the alleged
parent or, after his death, against his heirs.
The action shall may contradict any person having a legitimate interest and current.
Art.
56 (Effects of the judgment)
The judgment declaring a natural filiation produces the same effects of this recognition.
With the judgment, the Law Commissioner may take the measures it deems appropriate to
education for his son's education and for the protection of its economic interests.

TITLE VII CUSTODY OF CHILDREN AND ADOPTION
Art.
57 (Education of the child)
Children have the right to be educated in their own family.
Art. 58
(Temporary Assignment)
The child who is temporarily deprived of a family environment may be entrusted to another family
, possibly with minor children, or to a single person, or a community of
family type, in order to assure the maintenance, education and education.
If a discount rely famili King
hospitalization of the child in a public or private is allowed is not possible.
Art.
59 (Provision of custody)
The foster care is arranged by the Law Commissioner, upon the consent of the parents or by the operator
the power parent or guardian and upon reference
Minor Service of Law 3 May 1977, n.
21. Where there is no consent of the parents exercising parental authority or legal guardian, provides the Commissioner of Law
held paramount interests of the child.
The measure of foster care must be given the reasons for it, as well
the time and manner of the exercise of powers conferred upon the caregiver. It must also be stated
period likely duration.
At the Minor Service has assigned supervision during custody with the obligation to report to the Law Commissioner
.
Art.
60 (Cessation reliance)
The foster care ceases by order of the Commissioner of the Law which placed him,
evaluated the interest of the child, when it has failed the temporary difficulties of | || family of origin, or in the case where the continuation of it would be prejudicial to the child.
Art. 61
(Duties dell'affidatario)
The caregiver must accommodate himself at the child and provide for its maintenance and its
education and instruction.
The caregiver must facilitate relations between the minor and his parents and facilitate his reintegration
in the family of origin.
The rules described in the preceding paragraphs shall apply the mutatis mutandis, in cases of children living
at a community or an institution.
Art.
62 (Requirements for adoptive parents)
The adoption is allowed to spouses or single person who must fulfill the following requirements:
a) be at least twenty-five;
B) be able to raise, educate and maintain the children they intend to adopt;
C) passed an adoptee age of at least eighteen years and no more 'than forty-five.
They are also allowed more 'adoptions with subsequent acts.
Art. 63

(Requirements for adoptive)
The adoption is permitted for minors, and no older than twelve years of age, of
declared available for adoption by the Law Commissioner or, if foreign, from
competent foreign authority.
Art.
64 (Conditions for the declaration of the state of adoptability)
can be declared available for adoption by the Law Commissioner minors in situation of abandonment
because devoid of moral assistance and mate- mat from parents or the required
relatives to do so, as long as the lack of assistance is not due to force majeure of
transient.
The state of abandonment exists, provided that the conditions referred to in the previous paragraph
, even when minors are placed in public or private institutions, or are
in foster care.
There can be due to force majeure when the person referred to in paragraph refuse the measures
offers support from the Minor Service of the Republic and this refusal is found unjustified by
Law Commissioner.
Art. 65
(dropout situation)
Anyone may report to the public authorities of child neglect situations.
The public officials, public service officers, operators a service of public necessity,
should report as' soon to the Law Commissioner, the conditions of every child in the state of abandonment of which are
to their knowledge by reason of his office.
The state of abandonment can also be ascertained ex officio by the Law Commissioner.
The Law Commissioner may, at any time, any suitable measure temporary
interests of the child, including, where appropriate, suspension of the power of
parents upon the children and the exercise of the functions of guardian and the appointment of a temporary guardian.
Art.
66 (Procedures for the declaration of the state of adott bility)
When the investigations are deceased parents of the child and there are no existing
relatives within the third degree, the Law Commissioner shall declare a state of adoptability.
If not revealing the existence of biological parents who have recognized the child or whose
paternity or maternity has been judicially declared, the Law Commissioner, without further investigations
, immediately sees to declaration of a state of adoptability to
unless there is a suspension of the procedure required by those who, claiming to be
one of the natural parents, he asks limit for the recognition. The suspension may be willing
for a maximum period of two months provided that in the meantime the child is assisted by
biological parent or relatives to the third degree or in some other suitable way, remaining however
a relationship with the natural parent.
If the Law Commissioner suspends or postpones the procedure under the preceding paragraph,
appointment to the minor, if necessary, a temporary guardian.
If within this period is completed recognition, must declare closed the procedure, where
there is no moral and material abandonment.
If you spend the time without having been made the recognition, it shall without other procedural formalities
to the pronunciation of the state of adoptability.
Art. 67
(state declaration of adoptability)
If it appears the situation of abandonment of a minor state of adoptability it is declared in cases where
:
a) both parents have died;
B) both natural parents have not recognized the child;
C) was the forfeiture of parental authority;
D) parents and relatives within the third degree summoned by the Law Commissioner, they are not
presented without just cause;
E) a hearing, showed the persistence of the lack of moral support and material
and unwillingness to remedy.
The declaration of the state of adoptability of the child is initiated by the Commissioner of Law
availing the opinion of the Minor Service.
Art.
68 (Appeals)
An appeal against the decision of the Commissioner of Legg are open to appeal to the Judge of Appeal,
within 30 days following its delivery. The action may be brought by the guardian and the
Attorney of the Treasury.
Art. 69
(Transcript of the state of adoptability)
The final declaration of the state of adoptability is transcribed, by the Registrar of the Court
, on a special confidential register and kept with the Clerk of the Court.
The transcript must be made within five days after the passage of the force of res judicata
measure of adoptability.
Art.
70 (Revocation of power)

With the final declaration of the exercise of parental responsibility of
state of adoptability decade.
The Commissioner of Law appoints a guardian, if not already there, and take further measures in the child
.
Art.
71 (Termination of the state of adoptability)
The state of adoptability shall cease to successful adoption or for the attainment of maximum
expected in chief all'adottando.
The state of adoptability shall also cease by revocation, pronounced by the Law Commissioner,
in the interest of the child, because they no longer satisfy the requirements of Article.
64. In the event that is taking place reliance preadottiv referred to in art. 73 status
adoptability may not be revoked.
Art. 72
(adoption Question)
The San Marino citizens or foreigners wishing to ttare one or more 'minor must apply
to the Law Commissioner specifying the ro availability, family and personal reasons
that induce the adoption request proving to be in possession of the requirements of Article 62.

and 'possible to allow the submission of applications also succe sive at the same Court and judicial Authorities
of foreign states.
The decays demand after two years of the presentation and can be renewed.
The Law Commissioner, previously established the requirements of which art. 62 has run,
by the Minor Service and any other state bodies, properly investigated
which must relate in particular to the ability to educate, the personal and economic situation, health or
the adoptive family environment, the reasons for which the latter wish to adopt.
The Law Commissioner shall prepare a confidential register of those who have been declared eligible to take
.
Art. 73
(Reliance pre-adoptive)
The Law Commissioner, where a child is declared adoptable, after hearing the opinion of the
Minor Service, choose, among those who have been declared suitable to adopt, spouses
or the person best able to meet the needs and dell'adottando ruling
the pre-adoptive custody for the duration of one year.
May not be willing custody of one of more 'brothers, all available for adoption, unless
that there are no serious reasons.
Art.
74 (Supervision of pre-adoptive custody and revoke)
The Law Commissioner supervises the satisfactory progress of pre-adoptive availing the
Minor Service.
If the Law Commissioner is informed by the Minor Service
pre-adoptive custody that is detrimental to the interests of the child or causes severe difficulty in living together, feel caregivers
, pronounces the reliance revoked even before the deadline mentioned in the previous article
.
Art.
75 (Adoption)
When the period of a year provided for by art. 73, the Law Commissioner informed by
Minor Service on the successful reliance pronounce the adoption order.
If one spouse dies or becomes unable during pre-adoptive custody, adoption,
in the interest of the child, may equally be authorized at the request of either spouse against
with effect for the deceased spouse, the date of death.
If during pre-adoptive reliance intervenes separation between the fostering spouses, adoption
can be placed against one or both, in the exclusive interest of the child, if the spouse or spouses
request them.
Art. 76
(the measure Transcript)
The decision pronouncing adoption is transcribed by the Registrar of the Court by
fifth day after its passage in private and is judged on the appropriate registry
press the registrar for the annotation in the margin of dell'adottat birth.
Art.
77 (Effects of)
Following the adoption the adoptee acquires a tuttigli effects including those successors status
legitimate child of the adoptive parents or adoptive parent of which takes and transmits the surname and
citizenship.
With the adoption of the adoptee shall cease relations with the family of origin, subject to the prohibitions
double.
Art. 78
(Certificates of marital status)
Any certificate of civil status relating to the adoptee shall
with the only indication of the new name and with the exclusion of any reference to paternity and
natural maternity of the child and of record in art. 76.
The Official of Civil Registry and State must, under c mminatoria criminal penalties, refusing to

Providing news, information, certifications, extraction or copies from which you can still be the
relationship of adoption, unless authorized otherwise Judicial Authority.
Art.
79 (Appeal against the decision of adoption)
An appeal against the ruling of the adoption decree may be challenged
within thirty days to the Judge of Appeal, by the
guardian of adoptees and the Treasury Attorney for reasons of
law.

OF AUTHORITY TITLE VIII 'OF PARENTS, THE DUTIES OF CHILDREN
Art.
80 (Duties of the child)
The child must respect their parents and came to the sixteenth year, as long as he lives in the family, must
contribute according to their resources and their income to maintain this.
The child also must always contribute to 'moral ssistenza and parent material and other ascendants
which are free.
Art.
81 (Exercise of parental rights)
The child is subject to parental authority until the age of majority or emancipation.
The power is exercised jointly by both parents.
In the event of conflict on issues of particular relevance to each of the parents may appeal
Law Commissioner.
The Law Commissioner, after consultation with the parents and the child if more than fourteen, expressed
opinion on the decision it deems advisable in the interest of the child.
If the conflict persists, the Law Commissioner gives decision-making power to that of
Parents who believes more 'suitable to look after the interests of the child.
Art.
82 (Impairment of one parent)
If one of the parents for any impediment can not exercise parental authority, is pursued in
exclusively on the other until the impediment ceases.
Art.
83 (Abandonment of the house of the parent)
The child, subject to parental responsibility, can not leave their home.
Art.
84 (Representation and administration of goods)
The parents jointly, or the one of them that has an exclusive parental authority, have the
representative of the younger son and I administer the assets.
In the event of disagreement, the provisions shall apply in Article 81.
The acts of extraordinary administration on pain of nullity, they must be made jointly
by the parents, with the approval of the Law Commissioner. If their contrast, the
Commissioner of Law appoints a special guardian in the 'interests of the child.
If unfaithful representation or dishonest management of the child's property, the Commissioner
Law may, in its judgment, the removal by the administration and representation of the parent who has not acted in the interests
son.
The Law Commissioner may take temporary office pr vvedimenti interests of the child
.
The parent removed from representative or the administration of the child can be reintegrated
When, in the exercise by the Law Commissioner essino the reasons that caused the
measure.
Art. 85
(Acts prohibited to parents)
Parents exercising parental authority over the child can not purchase directly or through intermediaries
property or rights of the child, nor can become transferees of any right or claim against the minor.
The action is taken despite the ban may be canceled at the request of his son, his heirs or assigns
.
Art. 86
(Decadence from responsibility for children)
The Law Commissioner may deliver decadnza from the power, when the purple or
parent neglects seriously the obligations inherent or abuse of powers with the child injury .
In this case, the Law Commissioner shall take all measures necessary in the interest of the child.
The judge can reinstate power in the parent who has fallen, when, cease the reasons
which the forfeiture was pronounced, has ruled out any danger of injury to the child.
Art.
87 (Powers of the custodial parent)
In cases of separation, declaration of nullity or the dissolution of marriage, the power of
custodial parent is governed by Article 114. TITLE IX
|| | BALANCE OF THE SCHEME OF FAMILY
Art. 88
(matrimonial property regime)
The matrimonial property regime is community property. The spouses may agree that
each retains exclusive ownership of property acquired during the marriage.
The spouses to opt for separation of property must be expressed at the time of marriage and
shall be noted on the matrix onio registers by the Officer of the Civil State.
Art. 89
(the lower capacity)
The minor admitted to marry ompiere is capable of all acts of disposition

asset provided by this Act.
Art. 90
(Subject of communion)
They are the subject of communion:
a) purchases made by the spouses jointly or separately during the marriage;
B) the fruits of the assets of each of the spouses perceived and not consumed the dissolution of
communion;
C) the proceeds of the separate activities of each spouse if the dissolution of the communion does not
were consumed;
D) companies and businesses run by both spouses and established after the marriage;
E) goods received after the marriage by inheritance or donation, if the will or
act of generosity you have that they are attributed to communion.
If the company or the company belongs to one of the spouses before marriage, but
both spouses will esplichino work, communion falls on profits and on the gains.
The goods for the commencement of business or enterprise of one of the spouses after marriage constituted
fall in communion if there at the time of the dissolution of this.
Art. 91
(Personal Property)
from the scope of communion and are goods p rsonali spouse:
a) property which the spouse was the owner, or with respect to which was the holder of a real right to || | enjoyment before marriage;
B) property acquired by inheritance or donation after marriage;
C) the personal use assets of each spouse and their accessories;
D) goods used to practice the profession, except those intended to run a
company or a company in which both spouses work pay;
E) goods resulting from damages and retirement if it refers to the ability to work;
F) the money from the sale of inherited or received donated goods and goods purchased with
such money.
Art. 92
(Proof of ownership of property)
The spouse can try with every means against the other sole ownership of an asset.
The assets of which neither spouse can prove the exclusive property fall into communion.
Art. 93
(the communion of goods Administration)
The ordinary administration of the goods of the communion and representation in court for acts related to
they belong, separately, to both spouses.
The acts of extraordinary administration and the conclusion of acts with which you grant or
acquire dividend rights they must be made by both spouses jointly.
Art. 94
(consensus Rejection)
If one spouse refuses consent for compiento of an act of extraordinary administration
or other acts for which consent is required, the other spouse may apply
to the Commissioner of the Law for the authorization to act.
The Law Commissioner, evaluated the interest of the family, company or firm felt the
spouses, may grant authorization to act.
Art.
95 (Administration entrusted to only one spouse)
If one spouse has left the family home or is subject to impediment and did not
issued power of attorney, the other can ask the Commissioner of law acts described for
which is required under Article. 94, the consent of both spouses.
Art. 96
(Exclusion administration)
If one spouse is unable or is not able to express their will, or whether in the management of common goods
noted ineptitude or fraud, the other spouse He may request the Commissioner of
to exclude him by the Law.
The spouse excluded by the administration may ask the Law Commissioner to be reinstated when
as the reasons which led to its exclusion.
The exclusion by law in relation to the spouse int rdetto.
The measure of exclusion by the government for any cause must be logged in
margin of the marriage.
Art. 97
(Acts performed without the necessary consent)
Acts done by a spouse without the necessary consent and those not validated,
are null.
The nullification proceedings may be brought by the spouse whose consent was necessary, or by his heirs,
within one year from the date on which they became aware of the act.
A spouse who has made unduly the act is forced out at the request, to replenish
communion in the state it was in before the act or, where that is not possible, to pay
the equivalent according to the corresponding values ​​at the time of reconstitution of the communion.
Art.
98 (Participation of national foreign spouse ty communion)

The foreign national spouse participates in the family communion in compliance with applicable laws
on the header of real estate.
Art.
99 (Obligations imposed on goods of the communion)
The property of responding communion:
a) of all the burdens on them at the time of purchase;
B) all administrative charges;
C) the costs for the maintenance of the family and the education of their children;
D) of each bond also contracted separately by the spouses in the interests of the family;
E) any obligation contracted jointly by the spouses. 0

Art. 100
(Bonds contracted by the spouses before marriage)
The creditors can only take action on personal property owned by their debtor in the case of
obligations contracted by either spouse before marriage.
1
Art. 101
(Liabilities from gift or inheritance)
The communion of goods do not meet the obligations from which are burdened donations and
sequences obtained by the spouses during the matrionio and not attributed to communion.

2 Art. 102
(Personal Notes)
Personal property of the spouse and, in the alternative, the communion of goods
relation to the amount equal to half of the assets of the debtor spouse, they say:
a) of bonds contracted by the spouse during the marriage and not included in those listed
art. 99;
B) of the obligations contracted in the performance of a company is not part of the communion.

3 Art. 103
(subsidiary liability of personal property)
The communion creditors can act on a subsidiary on the personal property of each of
spouses, to the extent of half the credit, when the common property are not sufficient to
satisfy the debts imposed on it.

4 Art.
104 (Dissolution of communion)
Communion melts for the declaration of absence or presumed death of one spouse,
for the termination, the nullity or termination of the civil effects of marriage, for the judicial
competition among creditors of one spouse or similar procedures and consensual change
of the property regime.
In the event of legal separation each spouse may demand the dissolution of the communion family
.

5 Art. 105
(judicial separation of property)
The judicial separation of property may be pronounced if one of the spouses is interdicted or incapacitated
, or for maladministration of the communion, or when one of the spouses does not contribute
the needs of the family to an extent pro orzionale its substance and its
work capacity.
The separation can be claimed by either spouse by his legal representative.
The ruling that pronounces the separation feed back from the day that has been proposed and the question is
noted in the margin of the marriage certificate. 6

Art. 106
(Allocation of common property)
The division of the common property is carried out in equal parts tend bank's assets and liabilities.
The judge, in relation to the needs of children, and custody of it, can be in favor of either spouse
usufruct of a part of the assets belonging to the other spouse. 7

Art. 107
(family business)
The work of women and men are considered equivalent.
The family that pays continuously her work in the family business or enterprise or family farm
has a right to under the condition balance of family and
participates in the profits and assets purchased with the 'company or family business, as well as to increases
start.
The decisions concerning the use of profits and gains, and those related to the management
extraordinary, to farming systems and the cessation of the undertaking, they shall be adopted by a majority
by family members participating in the enterprise.
The acts of use of profit and investment as well as those inherent in the extraordinary management
of farming systems and the cessation of the undertaking adopted by the conditions laid out in the
previous paragraph are null.
For the purposes of the provisions of this Article shall apply also to family did and family
: the spouse, cohabiting partner, the relatives in a straight line to the second degree, in-laws
within the first degree; for the family business in which they collaborate the spouse, domestic partner
law spouse, relatives in a straight line within the second degree, relatives up to the first degree. TITLE X OF SEPARATION



8 Art. 108
(consensual or judicial separation)
The separation of spouses can be consensual or judicial.

The right to request the separation is solely to spouses.
The Law Commissioner in pronouncing the separation state, if asked, which of the two spouses
charge the required separation disturbing account of serious violations of the assumptions on which it is based
family.

9 Art. 109
(Cause to request the separation)
The separation may be requested:
a) when they occur, even independently of the will of one or both spouses, facts making
and conditions intolerable the continued cohabitation or be seriously
injury to children;
B) where it is lacking the will to fulfill the duties provided for in Article 28.


0 Art. 110
(conciliation attempt)
The Law Commissioner, which is the application for separation, short-term fixes,
hearing of the spouses to appear, in order to make an attempt at conciliation.
1
Art. 111
(Consensual Separation)
The separation by mutual consent of the spouses has no effect s nce the approval of the Commissioner of
Law.
The Law Commissioner must consider the interests of the child is safeguarded as regards
custody and maintenance.
It must ensure that the conditions are not prejudicial to either spouse.
In both cases it emanates appropriate measures apply the criteria of Article. 117
same approval.

2 Art. 112
(Ruling regarding the children)
The Law Commissioner who speaks or homologous to separating states which of the spouses
entrusted their children, taking account only of their moral and material interests.
The Law Commissioner determining the extent and the manner in which the non-custodial spouse must
contribute to the maintenance, education and upbringing of children, as well as the procedures for exercising their rights in relations
with them.
The non-custodial spouse has the right and the duty to oversee the education and educating children
.

3 Art. 113
(Contribution to the maintenance of children)
The contribution to the maintenance of children is attributable to each of the parents in proportion to their respective
income and assets, calculating also the contribution of the custodial parent work.

4 Art.
114 (Powers of the custodial parent)
The spouse entrusted with the children has the exclusive exercise of parental authority over them.
The decisions of most interest to children are adopted by both spouses.
In case of divergence prevails the will of the custodial spouse.
The non-custodial spouse who considers that the other spouse decisions on the issues of greatest interest
may constitute harm to the children, may appeal to the Commissioner of
Law.

5 Art. 115
(Dwelling of the family home)
The house of the family home is up in preference to the spouse to whom the children are entrusted or economically more 'weak
spouse. 6

Art. 116
(Revision of the provisions)
Each spouse has the right to request at any time a revision of the provisions concerning
custody of the children, the year of attribution authority over them, the amount and the
policy for the contribution. 7

Art. 117
(effects of separation on property between spouses - Law sealed)
The separated spouse who does not own adequate incomes is entitled to receive from the other what is
necessary for its maintenance. In this case, the Law Commissioner, assessed the economic and financial position and identified
income and earning capacity of each spouse,
it establishes the amount of maintenance.
The working capacity is clear:
a) the age of the spouse entitled to the right;
B) being the spouse referred to in letter ra a) custody of the children and the number of
themselves;
C) the psychophysical condition of the spouse entitled;
D) the degree to which the spouse is entitled in possession;
E) from having the spouse entitled interrupted or abandoned his employment relationship in wedlock
to look after the family. 8

Art.
118 (Criteria for the determination of the check)
The couple must submit a summons to the hearing before the Law Commissioner
any documentation regarding their income and their personal assets and common.
In case of dispute, the Law Commissioner shall assume all appropriate information, keeps
account the standard of life of the spouses and determines on an equitable basis the amount of the check of maintenance
.
Where any changes in the income of the spouse obligated and working capacity

The position, the Law Commissioner shall be of maintenance change.

9 Art. 119
(Right to Food)
The spouse economically more 'weak that his income has not sufficient and who has been separated charged
has right to maintenance from the other spouse. 0

Art. 120
(Guarantees of performance of maintenance obligations and the food payment)
The Law Commissioner, is pending judgment that the ruling of the separation, can
force the spouse to pay adequate collateral or staff if there is a danger that he may subtract
fulfill their obligations under the preceding articles.
The order issued pending judgment is immediately enforceable notwithstanding appeal
and is entitled to recognition of a judicial mortgage.
The spouse who is responsible for the payment of the check, after the failure of thirty days
may notify the measure of separation, in which the check is determined to which he is entitled to
third parties must pay periodically sums of d naro the debtor spouse.
From the date of notification, the spouse creditor is entitled to obtain directly from the third
pay the sum.
At the request of the person entitled the Law Commissioner may order the seizure of the movable property of the spouse
obliged to deliver the check.
1
Art.
121 (Termination of the separation effects)
The spouses may mutually agree to terminate the FFECTS parting with a statement made
to the Law Commissioner or with an unequivocal behavior that is incompatible with
the state of separation.
In this case the separation can again only be pronounced or approved in connection with
facts and behaviors occurring after the reconciliation.

2 Art. 122
(Measures resulting from the separation)
The Law Commissioner should pertain giustif ed reasons, exhausted appropriate
investigations, can have at the request of the party concerned the amendment of the measures referred to in this Title
.

3 Art. 123
(Death obligor)
Subject to the conditions which may be more 'favorable provided by law, in case of death
obligor the Law Commissioner on application, may order that a share
of pension or other benefits, is payable to the surviving spouse with respect to what was
pronounced separation judgment, or termination of the civil effects or the
divorce.

4 Art. 124
(Living together as husband and wife)
The provisions of this Title shall apply to non-consensual termination of cohabitation more
uxorio continued uninterruptedly for 15 years.

TITLE XI OF DIVORCE AND TERMINATION OF CIVIL EFFECTS


5 Art.
125 (Dissolution of Marriage)
The marriage is dissolved by the death of one spouse and as otherwise required by law. 6

Art. 126
(Of the dissolution or termination of the civil effects of marriage)
The Law Commissioner, at the request of either spouse, pronounce the dissolution or
termination of the civil effects of marriage when, after the celebration of the marriage, the other spouse
was sentenced, even for acts committed previously, has the force of res judicata pronounced by
Judicial Authority of San Marino or foreign judgment:
a) to the prison term of at least six years even more 'judgments, for one or more' misdeeds;
B) to the prison sentence of any degree for the crime of incest, for the crimes referred to in Articles
171 (violation of sexual freedom), 172 (aggravating circumstance), 173 (indecent or minors | || incapable consenting), 174 (illegal acts of lust) and 176 (kidnapping in order to lust or marriage
) of the criminal code or by induction, coercion or exploitation
facilitation of prostitution;
C) the penalty of imprisonment for any degree intentional homicide to the detriment of a descending or ascending or
adoptive son, or for attempted murder to the detriment of the spouse;
D) the sentence of imprisonment for the crime of any degree in art.
155 of the Criminal Code (personal injury), exist where the aggravating circumstance of art. 156, to the detriment of the spouse or even
adopted son;
In the latter case, the judge determines, in consideration of the subsequent behavior
of the defendant, his unfitness to maintain and replenish the family life.
In all the cases provided for under a), b), c) and d) the demand is not feasible from spouse

Has been convicted of complicity in the crime ovver when the conjugal life is taken from
least six months.
The Law Commissioner at the request of one of the ruling spouses also
dissolution or termination of the civil effects of marriage when:
a) the other spouse has been acquitted of even partial, of mental disorder by one of the crimes covered by subparagraphs
b) and c) of the first paragraph of this article, when the Judge determines the unsuitability of
agreed to maintain or restore the family life;
B) when the spouses live apart for at least two years continuously by virtue 'separation consensual or judicial
, namely temporary measure that the Law Commissioner
authorizes the separated spouses to live as long as its judgment separation had followed, even though
has not intervened in the final judgment;
C) the criminal proceedings for the crimes referred to in subparagraphs b) and c) of paragraph 1 of this Article
concluded with judgment not to proceed to extinction of the crime, when the Commissioner of
law believes in fatt committed there the elements
and conditions of punishment of crimes themselves;
D) the criminal case to incest has ended with acquittal with formula doubtful
;
E) the other spouse has obtained abroad the dissolution of marriage or contracted abroad
remarriage. 7

Art.
127 (procedure of dissolution of marriage proceedings)
The application for the dissolution of marriage by using the assumptions in the art.
126 is proposed in the form of the quote containing the statement of the facts on which the claim was founded
.
The Clerk of the Court shall notify the cit tion the registrar for
annotation at the bottom at the time of marriage.
In the citation it indicates the existence of children.
The Law Commissioner fixed by decree the day of the spouses to appear before him and possibly
appoint a special guardian where the defendant is mentally ill or legally
unable or can not be found.
The spouses must appear in person before the Law Commissioner, except for serious and proven reasons
.
The ruling can be appealed by either party in ermini law. 8

Art. 128
(periodic check)
In a judgment pronouncing the dissolution or termination of the civil effects of marriage
Commissioner of
has Law, taking into account art. 116, the requirement for one of
spouses to administer on behalf of the other spouse
periodically a check.
Mutually agreed the payment can be the single solution.
The personal pay my obligation ceases if the spouse to which must be paid
remarriage or cohabitation establishes a relationship or has skills adequate working
.
The obligation does not apply in cases where the responsibility of the spouse who would have been entitled to
administration was pronounced sentence with anna res judicata for an offense referred to in Article
. 126 of this Act.
In the case of the spouse's death forced the Law Commissioner may order the payment
continuation of all or part of the check paid by the heirs, after hearing the parties
.

9 Art. 129
(obligations towards their children)
The Law Commissioner, the judgment pronouncing the dissolution of marriage, has
which of the spouses the child must be given, or for serious reasons otherwise provided.
The father and mother retain the right and the duty to oversee the education and instruction of offspring
.
The reliance and measures concerning the child have as their exclusive reference interest
moral and material of the same.
The Law Commissioner determining the extent and ways in which the spouses must contribute to the maintenance
, education and the education of children taking into account their number, age and
circumstances and criteria art. 117.
All obligations towards their children remain in the case of remarriage of one or both parents
. 0

Art. 130
(Guarantees of capital requirements)
The Law Commissioner with the ruling that pronounces the dissolution of marriage may
impose this fact to provide suitable collateral or staff if there is a danger that he might || | evade the fulfillment of the obligations and apply the art. 120.
1
Art. 131
(Revision of rulings)
The Law Commissioner, on application, for any valid reason occurring after the date

Of the judgment pronouncing the dissolution of the matrix onio, may order the revision of
provisions concerning child custody and those relating to Articles 117 to 128 - 129.

TITLE XII THE VOID 'THE MARRIAGE 2

Art.
132 (Causes of the nullity of marriage)
It 'invalidates marriage contract in violation of Articles 3- 4-5-6-7- of this Act.
It 'also the contract void marriage:
a) in the absence of perfect free assent, spontaneous and direct to tighten the bond of marriage;
B) with error on the identity of the person of the other spouse or the personal qualities of the other spouse
regarding physical or mental illnesses, anomalies or sexual deviations that prevent normal
course of married life.

3 Art. 133
(Action for invalidity ruling)
The action for invalidity ruling must be exercised:
a) by the spouses;
B) by ascending next if the marriage has been contracted by minors;
C) by the guardian in the event of a marriage contracted by interdicted for mental infirmity.
The action for invalidity ruling may also be exercised by the Prosecutor of the Treasury of
solicitation of any person having a legitimate interest and if it considers the merits of the current
request.

4 Art. 134
(Terms)
The action for invalidity ruling for breach of 5-6-7- articles is imprescriptible.
The action for the pronunciation of nullity for violation of Article. 3 shall be barred 6 months from
coming of age.
In all other cases the action is prescribed within 12 months from discovery of the defect.

5 Art.
135 (Effects of the marriage declared invalid)
The marriage declared null and void produces effects of valid marriage against the spouse
until the final ruling of invalidity and always produces the effects of marriage invalid in relation
of born or conceived or adopted children or recognized during the marriage.
The pronunciation of the nullity of marriage has on matrimonial property regime the effects
Articles 104- 106 and 107. TITLE XIII

OF SUCCESSION OF SPOUSE AND CHILDREN 6
| || Art. 136
(Succession of the spouse and children)
The succession of spouses and children is regulated dlle provisions of this Title. 7

Art. 137
(Succession of children)
In intestate succession their children succeed in equal parts. 8

Art. 138
(Succession of spouse)
In legitimate succession are reserved to the surviving spouse on the legacy of my deceased spouse
, in the absence of children, the entire usufruct and ownership of half of the estate.
In the presence of children they are reserved to the spouse supersiste the entire beneficial interest and the share owned by
inheritance equal to that paid to each child.
In testamentary succession is restricted to the surviving spouse on half of the usufruct
estate.

9 Art. 139
(Succession of the separated spouse)
The separated spouse who have not been charged the sep ration with a final court decision, has the same rights
successors of not separated spouse.
The spouse which was charged the co a judgment having become final separation is entitled to a living allowance only
if at the time of the opening of succession enjoyed the food borne
deceased spouse. The check is commensurate with the hereditary substance and the quality and number
the legitimate heirs, and it is still not sufficient to exceed that of food
enjoyed performance. 0

Art. 140
(Succession of the divorced spouse)
The surviving divorced spouse is not entitled to succeed.

TITLE XIV TRANSITIONAL AND FINAL RULES
1
Art. 141
(property regime of the families already in existence at the date of entry into force of this Act)
The families already in existence at the date of entry into v gore this law, once the period of two years from that date
, are subject to the legal community regime for goods purchased
after the date thereof unless it's within the term one spouse will not
posters contrary to a document received by a notary or by the officer of the Civil State .
Within the same period the spouses may agree that the goods purchased prior to
date indicated in the first paragraph are subject to the regim of communion, unless the rights of third parties.
The acts referred to in this article including any transfers and consequent
law are exempt from taxes and fees, and professional fees relating thereto are halved and
however, can not exceed the maximum amount ITL 300,000. They may not be

opposed to third parties if they are not noted in the margin of the marriage certificate or transcript of the minutes.

2 Art. 142
(Options in the event of marriage celebrated abroad)
If the marriage to be celebrated outside the territory of San Marino San Marino
from being married or living in San Marino, within 60 days from the transcript of marriage at the competent offices of San Marino
they must declare, also through a special agent, forward
Officer of the Civil State, which legislation means are adjusted to reports
capital and which matrimonial regime they choose to 'interior of this.
After this deadline without that spouses have opted, it applies the regime of community.

3 Art.
143 (Prohibition of Dowry Constitution)
It 'abolished the institution of dowry.

4 Art. 144
All forms and registers will be predisposed for tailor Regency Decree.

5 Art. 145
(Repeals)
This Act repeals:
- Title IV, Title V, Title VIII, the tit olo IX and Title X of Law no. 43 of 12 agost 1946
"sorting Law for Civil Status"
- Law no. 37 of 22 September 1953 "Establishment of civil marriage"
- Law no. 36 of September 22, 1953 "Amendments to the law of succession"
- Law no. 12 of 25 February 1974 "Provisions on inheritance between spouses"
and all the rules, customs and institutions also common law in conflict with the provisions of this Act
. 6

Art.
146 (Entry into force)
This Act comes into force on 1 July 1986.
Our Residence, this day of May 2, 1986/1685 Foundation of the Republic THE CAPTAINS REGENT

Marino Venturini - Ariosto Maiani

THE SECRETARY oF STATE fOR INTERNAL AFFAIRS Alvaro Selva


CONTENTS TITLE I - oF MARRIAGE (from art. 1 to art. 9)
TITLE II - FORMALITIES 'PRELIMINARY
THE CELEBRATION oF MARRIAGE (from art. 10 and art. 19)
TITLE III - THE CELEBRATION oF MARRIAGE (from art. 20 and art. 27)
TITLE IV - RIGHTS AND OBLIGATIONS ARISING fROM MARRIAGE (from art. 28 to art.
32)
TITLE V - DESCENT (from art. 33 to art. 42)
TITLE VI - oF NATURAL DESCENT (from art. 43 in art. 56)
TITLE VII - cUSTODY oF CHILDREN AND ADOPTION (from art. 57 to art. 79)
TITLE VIII - THE AUTHORITY 'PARENTS, THE DUTIES oF CHILDREN (from art. 80 to art.
87)
TITLE IX - THE SYSTEM BALANCE oF FAMILY (from art. 88 to art. 107)
TITLE X - oF SEPARATION (from art. 108 to art. 124)
TITLE XI - DISSOLUTION OF MARRIAGE AND THE EFFECTS OF CIVIL
END (from art. 125 to art. 131)
TITLE XII - THE VOID 'MARRIAGE (from art. 132 to art. 135)
TITLE XIII - THE SUCCESSION oF SPOUSE AND CHILDREN (from art. 136 to art. 140)
TITLE XIV - TRANSITIONAL AND FINAL RULES (from art. 141 to art. 146)