Marriage "in extremis" or "in articulo mortis", also called marriage due to death
Marriage "in extremis" or "in articulo mortis", also called marriage due to death, refers to the marriage in which one of the parties is about to die, for which the law allows speeding up the necessary procedures. This circumstance that one of the contracting parties is in danger of death or close to it, authorizes initially omitting certain formalities normally required.
The Spanish Civil Code also refers to this special situation of marriage "in articulo mortis":
Article 52: May authorize the marriage of the one in danger of death:
- The Judge in charge of the Civil Registry, the delegate or the Mayor, even if the contracting parties do not reside in the respective district.
- In the absence of the Judge, and with respect to the military in the field, the Officer or immediate superior Chief.
- Regarding marriages that are celebrated on board a ship or aircraft, the Captain or Commander of the same.
This marriage will not require the prior formation of a record for its authorization, but the presence, in its celebration, of two witnesses of legal age, except for proven impossibility.
Article 53: The validity of the marriage will not be affected by the incompetence or lack of legitimate appointment of the Judge, Mayor or official who authorizes it, provided that at least one of the spouses had acted in good faith and they exercised their functions publicly.