Decreto-Lei n.º 35/97, de 31 de Janeiro de 1997
Decreto-Lei n.º 35/97 de 31 de Janeiro Tendo em atenção que o casamento celebrado perante o funcionário do registo civil é, decisivamente, manifestação da autonomia da vontade dos nubentes, que a inexistência de impedimentos é garantida pelo processo preliminar de publicações e que a natureza pública do acto não resulta da presença obrigatória de testemunhas, considera-se não se justificar a exigência legal da intervenção de testemunhas instrumentárias para a validade do acto, a menos que as partes pretendam a sua intervenção.
É deixada à lei do registo civil a regulamentação da presença de testemunhas no acto da celebração do casamento civil.
Nesta conformidade, e ainda em consonância com as modificações legislativas introduzidas no domínio do registo civil visando a sua informatização, há que proceder à pertinente adaptação das correspondentes normas do Código Civil.
Assim: Nos termos da alínea a) do n.º 1 do artigo 201.º da Constituição, o Governo decreta o seguinte: Artigo 1.º Os artigos 1589.º, 1616.º e 1631.º do Código Civil passam a ter a seguinte redacção: 'Artigo 1589.º [...] 1 - O casamento católico contraído por pessoas já ligadas entre si por casamento civil não dissolvido é averbado ao assento, independentemente do processo preliminar de publicações.
2 - .........................................
Artigo 1616.º [...] ...............................................
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De duas testemunhas, sempre que exigida na lei do registo civil.
Artigo 1631.º [...] ..............................................
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Celebrado sem a...
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