On petition of interested party, the Court of First Instance, for just cause, may waive the fourth degree of consanguinity. The party concerned shall file sworn petition with the Court together with the necessary documentary evidence.
The Court shall judge and resolve the petition on its merits without holding a hearing, or it shall at its discretion fix a date therefor; Provided, That when cousins germane have lived in concubinage, and as a result of this union there are children or one of them may be in imminent danger of death, any minister, priest or judge, required to do so, may celebrate the marriage without dispensation, and he shall notify the corresponding part of the Court of First Instance, by affidavit, of the facts in the case, to the end that it may be entered in the minutes of the court, as if the latter had granted such dispensation.
History —Civil Code, 1930, § 72; Apr. 22, 1942, No. 42, p. 452; Apr. 7, 1945, No. 15, p. 42; July 23, 1974, No. 205, Part 2, p. 106.