Article 75 of the civil code expressly designates the civil status officer as the only competent authority to carry out the reading of the articles of the civil code during the marriage ceremony. This competence is neither shareable nor delegable to a relative, a witness, or an external celebrant. The entire question of “who can read” is therefore determined by the legal status of the person officiating.
Delegation of signature and competence to celebrate a civil marriage
The mayor is the civil status officer by law in their municipality. They can delegate this function to a deputy or, in the event of all deputies being unavailable, to a municipal councilor with a written delegation. This delegation must be formalized by a municipal decree.
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The delegate then acquires all the prerogatives of the civil status officer for the concerned ceremony, including the obligation to read the articles imposed by article 75. This is not a simple authorization to “preside over the table”: the delegate holds the legal responsibility of the municipality just like the mayor.
We regularly observe confusion between the delegation of civil status functions and the delegation of administrative signatures. A municipal councilor delegated to sign routine civil status acts (births, deaths) cannot automatically celebrate a marriage. The delegation must explicitly target the celebration of marriages. Otherwise, the ceremony is tainted by a lack of competence, which can lead to an action for annulment.
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Regarding the reading of the article of the civil code during the marriage, the framework is strict: no territorial civil servant, no municipal reception agent, no elected official from another community can substitute for the territorially competent civil status officer.
Articles of the civil code that must be read: legal significance of each text
Article 75 imposes the reading of five distinct texts, each fulfilling a specific function in the collection of the informed consent of the future spouses.
- Article 212: mutual obligations of respect, fidelity, assistance, and support. This text forms the basis of the reciprocal duties between spouses.
- Article 213: joint direction of the family, participation in the education of children, and preparation for their future. This text was made mandatory for reading by the law of March 4, 2002, relating to parental authority.
- Article 214 (first paragraph): contribution to the expenses of marriage in proportion to the respective capacities of each.
- Article 215 (first paragraph): mutual choice of the family residence and prohibition for one spouse to dispose of it alone.
- Article 371-1: definition of parental authority as a set of rights and duties aimed at the child’s interest. Again, the reading of this article is part of the provisions arising from the law of March 4, 2002.
Since article 75 is of public order, the officer cannot decide to omit a text on the grounds that the couple does not intend to have children or that they consider the reading superfluous. No assessment of opportunity is permitted.
Reformulation or literal reading of the articles of the civil code
One point that public guides almost never address: the officer is not required to read each article word for word. Jurisprudence and administrative practice allow for a reformulation, provided that the full content of each obligation is effectively conveyed to the future spouses.
However, we recommend that novice officers stick to the literal reading. Reformulation exposes one to the risk of partial omission, and a spouse could theoretically invoke a lack of information to contest the validity of consent. The risk is low in practice, but it exists.
Witnesses, relatives, and secular celebrants: what the law prohibits
Marriage witnesses have a precisely defined role by the civil code: they attest to the reality of the ceremony and sign the marriage certificate. They have no competence to read the articles of the civil code or to collect the consent of the spouses.
The confusion often arises from the increasingly common secular ceremony, where a relative can read personal texts, poems, or selected excerpts. This ceremony has no legal value. It generally takes place after the civil ceremony at the town hall and does not replace the civil celebration in any way.
Even when a guest reads an excerpt from the civil code symbolically during a secular ceremony, this reading produces no legal effect. Only the reading performed by the civil status officer during the civil ceremony meets the requirements of article 75.
Presence of an interpreter during the mandatory reading
When one of the future spouses does not understand French, the presence of an interpreter becomes a distinct obligation. The interpreter translates the reading of the articles of the civil code and the questions related to consent. It is not the interpreter who “reads” the articles: they convey in another language what the officer pronounces in French.
The interpreter must be of legal age, without too close a familial relationship with the spouses, and their identity is mentioned in the marriage certificate. The absence of an interpreter when required invalidates the consent, as the spouse could not understand the obligations to which they are committing.
Proposed law on easing the reading during civil marriage
A senatorial bill submitted in April 2018 aimed to ease the obligation to read the articles of the civil code during marriage celebrations. The text, put forward by Senator Jocelyne Guidez and several dozen co-signers, was based on the observation that the full reading of five articles prolongs the ceremony and may seem inappropriate in certain family situations.
This proposal did not succeed. Article 75 remains unchanged, and the reading of all texts remains mandatory. The debate illustrates, however, a tension between republican formalism and the expectations of couples, who often wish for a more personalized ceremony.
The reading of the articles of the civil code by the civil status officer remains the only reading producing a legal effect during a marriage. Neither the witness, nor the relative, nor the secular celebrant can substitute for it. Any personalization of the ceremony must go through free texts, read in addition, never in replacement.