Abstract
The chapter deals with the ostensible marriage both from the point of view of substantive and procedural law. In particular, the divergent approach of the legislator concerning the invalidity and ostensibility is highlighted.
While it is expressly enacted on possible ruling over the invalidity of a marriage even after its expiry, the law is silent concerning an ostensible marriage in this context. This was manifested in a particular case, where the procedural rules did not allow to decide on the ostensibility of marriage after the death of one of the alleged spouses, although marriage was not apparently closed.
The Constitutional Court of the Czech Republic decided on cancelation of sect. 376 para. 1 of the Act on Special Judicial Proceedings.