Question juridique clé
Whether the wife’s action concerned annulment for error under Art. 107 no. 2 CC or a declaration of non-existence of marriage
Solution extraite
The case was not an annulment action for error but a declaration that the marriage was nonexistent.
Motifs extraits
The decisive defect was the absence of personal appearance by the spouse designated in the civil register; this is an essential constitutive requirement of marriage, so the problem was not a mere error in the spouse’s identity.