- Law n° 93-74 of 12th July 1993, amending certain Articles of the Personal
Status Code (C.S.P.) relative to the status of the woman as a fiancée (Article 2),
as a spouse (Articles 12, 23 and 28), as a mother (Article 6), as a divorcee
(Article 32, 32 bis and 53 bis), as a child minder (Article 67) ;
- Law n° 93-65 of 5th July 1993, creating the guarantee fund for food
allowance and alimony;
- Law n° 95-95 of 9th November 1995, amending and completing some
Articles of the Contracts and Obligations Code, amended Article 93 bis on the
responsibility of the Father and the Mother for acts committed by their children
who are minors. Under the terms of this law, the Mother becomes collectively
reponsible with the Father for the payment of compensation to third party victims
of her child’s actions;
- Law n° 2002-4 of 21st January 2002, amending Article 12 of the Tunisian
nationality Code, grants Tunisian nationality to a child born abroad of a Tunisian
mother and a foreign father on condition that he requests this status by making a
declaration within one year preceding his coming of age. Besides, and in case of
the demise of the father, of his disappearance, or of his legal incapacity, the
unilateral declaration of the mother suffices;
- Law n° 2003-51 of 7th July 2003, amending and completing law n° 98-75 of
28th October 1998 relative to the granting of a patronymic name to abandoned
children or to children of unknown descent, permitted the child born out of
wedlock to have the patronymic name of his mother or that of his father should
evidence of paternity be established through confession, testimony or genetical
analysis.
422. Mindful of guaranteeing the good health of the family, the legislator instituted
by law n° 64-46 of 3rd November 1964 the pre-nuptial medical certificate required
before marriage. The establishment of this certificate does not hinder the right to
marriage. It aims in particular at drawing the attention of the candidate intending
to get married to the harmful effects of dangerous diseases, in particular
tuberculosis and syphilis, for the wife or the descendants.
423. The right to marriage is recognized for both the man and the woman with no
discrimination whatsoever. This emerges from the various provisions of the
Personal Status Code. Even where it concerns foreigners governed by their
Personal Status, the Public Records Officer is compelled to celebrate their
marriage. In effect, Article 38 of law n° 57 - 3 of the 1st August 1957, regulating
the civil status, stipulates that the Public Records Officer should celebrate « the
marriage ceremony of foreigners in Tunisia in conformity with Tunisian laws, on
submission of a certificate from their Consul certifying that they can contract the
marriage ».
424. The Tunisian legislator fixed the minimum age for marriage (twenty full years
for the man and seventeen years for the woman). Likewise, the Personal Status
Code has made marriage the business of only the two persons intending to be
married by making their consent a requirement.
425. In the concern to promote the structures of family related legislation, law n°
93-74 of 12th July 1993, amending certain Articles of the CSP, created the office
of « family Judge », who is distinguished by his specialization and competence
and whose professional experience should not be less than 10 years (Article 32
new). The objective being to define the limits of family disputes so as to protect
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