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Act No. 89-01 of 17 January 1989 Amending the Family Code

  • PMID: 12344477

Act No. 89-01 of 17 January 1989 Amending the Family Code

Senegal. Annu Rev Popul Law.

Abstract

PIP: This Act makes the following changes, among others, in the Family Code of Senegal: 1) Article 19: within the framework of procedures to have a spouse declared absent, the spouse who remains in the marital home may now be designated provisional administrator of the property of the absent spouse; 2) Article 80: at the time of marriage, the wife is now to be given a copy of the family booklet in which are inscribed the identity of the spouses, the date and place of celebration of the marriage, and the marital options selected by both spouses; 3) Article 107: if the fiancee breaks off relations with the fiance for no justifiable reason, she must return to the fiance the presents that she has received and the fiance may oppose her marriage to another man until the presents are returned; if the fiance breaks off relations, he may not reclaim the presents; 4) Article 111: marriage may be contracted only between a man over 20 years old and a woman over 16 years old, unless the regional court dispenses with these age limits for a serious reason; 5) Article 142: if one of the spouses has not reached the age required to marry and the wife is pregnant, she may now bring an action for nullity; 6) Article 147: the time limit within which spouses may file a late declaration of marriage is increased from 2 to 6 months after the marriage; 7) Article 176: after the dissolution of the marriage, the former wife may continue to use the name of her former husband unless he expressly forbids it; 8) Article 200: in a procedure to establish the paternity of a presumed father, it is no longer necessary to produce the marriage certificate of the presumed father and the child's mother in order to prove continuous status as a legitimate child; 9) Article 262: the period during which a husband who has obtained a divorce on the grounds of incompatibility or the existence of a serious incurable illness must pay support to his former wife has been increased to 6 months to 1 year in the 1st case and to 3 years in the 2nd case; 10) Article 289-292: a person to whom parental authority is entrusted will not be required to support the child and provide for its needs and education unless the person entrusting parental authority is absolutely unable to do so; and 11) Article 371: like the husband, the wife has full exercise of her civil capacity, and her rights, and powers may be limited only according to the provisions of this law. In addition, the Act repeals provisions that required a wife to have the domicile of her husband or the domicile chosen by him (Article 12) and that gave the husband the right to prevent his wife from exercising a profession separate from his (Article 154). Corrections to Act 89-01 appear in the Journal Officiel de la Republique du Senegal, No 5286, 29 April 1989, pp. 153-154 and No. 5293, 3 June 1989, p. 207. These corrections have been taken into consideration in the summary above.

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