00:00A psychologist, a follower of this section of Tip Legal del Espectador, which focuses on relationship issues,
00:08He tells us that he was reading a book on family law, within which he found a text
00:15According to which the marriage of fools is null and void. In consideration of their profession and specialty,
00:23The text caught her attention, and, she adds with a touch of dark humor, also caused her concern.
00:31because he believes that the marriages of many of his friends could end up being invalid.
00:38Given this situation, she asks us to clarify the scope and validity of said text.
00:49On this matter, let us first tell you that what usually happens to our client happened to her.
00:56When you look at or read legal texts, you realize that they often become outdated very quickly.
01:04Why do we say this? Because, in accordance with Constitutional Court ruling C-478 of 2003,
01:14The corporation declared the expressions "minds" and "furious lunatics" unconstitutional.
01:21that were enshrined or contained within the rule that established the nullity to which it is referring
01:29psychologist.
01:30Why did the Constitutional Court make this consideration?
01:35Because he came to the conclusion that those expressions, we repeat, fools and raging lunatics,
01:42They were discriminatory and violated equality and human dignity.
01:49Thus, these provisions were removed from the legal system, so that they no longer appear in the text of the law.
01:56rule.
01:57But what is the rule?
01:59The rule that established the nullity in the terms that our consultant read it,
02:04It is article 140, number 3 of the Civil Code.
02:08It was established there that it was presumed that the marriage celebrated by the fools
02:18and for the raving lunatics who had been declared legally incompetent it was void,
02:25since it was assumed, we repeat, that the consent they had given
02:33At the time of the marriage ceremony, it was not enough to understand what was being done
02:41considering that they had or lacked sufficient capacity to comprehend and understand
02:51the rights and obligations that are contracted and acquired by virtue of marriage.
02:57In simpler terms, if a raging madman or a fool who had been declared legally incompetent
03:05He got married, that marriage was null because it was presumed that he had not understood what he was doing.
03:12Today, in development of the ruling we already cited, from the text as it remained of article 140,
03:22number 3 of the Civil Code, after the aforementioned judgment, as well as what it establishes to date
03:31Law 1996 of 2019, better known as the Support Law, at this time any person
03:40can marry freely.
03:43It is a different matter if, afterwards, it is proven within a judicial process and obviously with the corresponding expert reports.
03:53that the consent given by the person cannot produce effects, since she did not have sufficient capacity
04:03to understand and comprehend what he was doing, then the nullity of the aforementioned marriage must be declared.
04:12In conclusion, the principle remains; what was removed from the legal world were the expressions that threatened it.
04:20against dignity and against human equality.
04:25Now, regarding our client's concern about her friends' marriages,
04:32What can we say to him?
04:35Well, unfortunately, it seems that foolishness is an evil that is taking hold of all humanity.
04:45We hope this legal tip has been helpful to all of you, and we thank those who follow us.
