Art. 43. Future espousals do not give rise to an obligation to contract marriage. No tribunal shall admit a complaint in which their fulfillment is demanded.

Art. 44. If the promise has been made in a public or private instrument by a person of age, or by a minor in the presence of the person whose consent is necessary for the celebration of the marriage, or when the banns have been published, the person who refuses to marry, without just cause, shall be obliged to indemnify the other party for the expenses which he or she may have incurred by reason of the promised marriage.

An action to recover indemnity for the expenses to which the foregoing article refers may be instituted only within a year, counted from the day of the refusal to celebrate the marriage.

Art. 45. Marriage is forbidden: -

1. To a minor who has not obtained permission and to a person of age who has not requested the advice of the persons whose right it is to authorize one or the other in the cases provided for by law.

2. To a widow during the three hundred and one days following the death of her husband, or before childbirth if she should have been left pregnant, and to the woman whose marriage has been declared void in the same condition and for the same periods, to be counted from the date of her legal separation.

3. To the guardian and his descendants with the persons whom he may have or may have had under charge, until the guardianship has terminated and the accounts of his administration have been approved, except in case the father of the person subject to guardianship has authorized the marriage in a will or in a public instrument.

Art. 46. The permission referred to in No. 1 of the preceding article must be granted the legitimate children by the father; in his absence or where he is prevented from giving it the power to grant it devolves upon the mother, the paternal and maternal grandparents, and, in the absence of all of them, upon the family council, in the order fixed here.

If acknowledged natural children or children legitimized by royal concession are in question, such consent must be asked of those who acknowledged or legitimized them, of their ascendants, and of the family council, in the order established in the preceding paragraph.

If adopted children are in question, the consent shall be asked of the adopting father, and in his absence of the proper members of the natural family.

Other illegitimate children shall obtain the consent of their mother, when she is legally acknowledged, that of the maternal grandparents in the same case, and, in the absence of either, that of the family council.

It is the duty of the heads of foundling institutions to give consent for marriage to those educated therein.

Art. 47. Children of age are obliged to ask the advice of their father, and in his absence that of the mother. If they should not obtain it, or it should be unfavorable, the marriage can not be celebrated until three months after the petition is made.