Özet:

Early marriages were once a problem perceived to be exclusive to less developed countries because of poverty, lack of education, domestic violence, and gender inequality. Due to forced immigrant and refugee influx to European countries including foremost Turkey, it has become one of the most important legal problems developed countries also have to deal with. Swiss Civil Code Art. 94/2 corresponding Turkish Civil Code 124/2 was abolished by Federal Law on the Protection of Adults, Personality Rights and Children’s Rights dated 19 December 2008. Then, Federal Law on Measures for the Fight against Forced Marriages came into force on 1 July 2013 followed. Hereby, two new grounds for the invalidity of marriage, namely forced marriage (Swiss Civil Code Art. 105 sub-paragraph 5) and marriage with minors (Swiss Civil Code Art. 105 sub-paragraph 6) were introduced. Yet, invalidity ground for marriage with minors could be alleged only until the minor spouse turns 18 and if not alleged until then, the marriage becomes valid by itself. The fact that validity could be alleged only for a definite period of time failed the efforts to prevent marriages with minors. Then, the preliminary draft law titled Swiss Civil Code Revision (Measures Against Marriages With Minors) dated 30 July 2021 was prepared, which provides for amendments on Swiss Civil Code Art. 105 sub-paragraph 6 and other related articles.

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