Can an Individual with Limited Legal Capacity Get Married?
According to the provisions of Article 24 of the Civil Code 2015, the limitations on civil act capacity are stipulated as follows:
- A person addicted to drugs or other stimulants leading to the dissipation of family assets, upon the request of a related party, or competent agencies and organizations, may be declared by a court as having limited civil act capacity.
The court appoints the legal representative for the person with limited civil act capacity and determines the scope of representation.
The establishment and execution of civil transactions related to the assets of a person declared by the court to have limited civil act capacity must have the consent of their legal representative, except for transactions serving daily living needs or as otherwise provided by law.
When there are no longer grounds to declare a person to have limited civil act capacity, upon the request of that person or of the related party, or of competent agencies and organizations, a court may issue a decision to annul the decision declaring the limitation of civil act capacity.
According to Clause 1 of Article 8 of the Law on Marriage and Family 2014, the marriage conditions are stipulated as follows:
Men and women marrying each other must fulfill the following conditions:
a) The male must be at least 20 years old, and the female must be at least 18 years old;
b) The marriage must be voluntarily decided by the man and woman;
c) Neither party must be deprived of civil act capacity;
d) The marriage must not fall into one of the prohibited cases as stipulated in points a, b, c, and d of Clause 2, Article 5 of this Law.
From the above provisions, there are no regulations prohibiting persons with limited civil act capacity from getting married, only prohibitions on marrying persons who are deprived of civil act capacity. Therefore, your younger sister still has the right to marry normally without being prohibited or restricted.
Sincerely!
