Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
FOREIGN MARRIAGES.--The courts of Brazil recognize as valid a marriage
between two foreigners concluded in a foreign land, provided that such
marriage is monogamous, is not between ascendants or descendants, or
between persons related collaterally in the second degree, and if such
marriage was regularly concluded according to the law of the country of
its celebration.
A marriage abroad of a citizen of the Republic of Brazil must conform not
only to the law of the place of its celebration, but must also be in
strict accordance with the law of Brazil.
CHAPTER XXX.
THE REPUBLIC OF CUBA.
A nation may in a day overthrow a dynasty which has ruled for centuries,
it may in a few years completely revolutionize its system of government
and methods of trading, but its ancient code of marriage will live on
unchanged for ages.
It is a noteworthy fact that the law of Rome concerning marriage survived
the Roman Empire by a thousand years, and even to-day it is the foundation
of the law on that subject in all of the Continental countries of Europe
and of the entire Western Hemisphere, with the exception of the United
States of America and Canada.
In the Civil Code of Cuba we can see not only its recent origin from the
Spanish Code, but traces of the Law of the Twelve Tables and the
Institutes of Justinian.
Cuba is to-day a Republic composed of six Provinces. The seat of
government is located at Havana, where sit the Senate and House of
Representatives, which constitute the national legislature.
The Civil Code is the _Codigo Civil_ of Spain, with such changes and
modifications as have become effective since Spain lost its sovereignty
over Cuba.
The statement of Cuban law which follows is, therefore, predicated upon
the _Codigo Civil_, which by royal decree of May 11, 1888, was extended to
the islands of Cuba, Porto Rico and the Philippines, upon proclamations
and orders issued during the recent American military occupation and on
the interpretation and construction of the positive law by Cuban courts
and jurists.
MARRIAGE.--The law considers marriage as a civil contract, which may be
concluded by either a civil (_matrimonio civil_) or a religious
(_matrimonio religioso_) celebration.
A male cannot marry until he has completed his fourteenth year of age; a
female until she has completed her twelfth year.
Marriages contracted by minors under the legal age become, however, _ipso
facto_ legal if a day after having arrived at the legal age the parties
continue to live together without bringing suit to annul the marriage, or
if the female becomes pregnant before the legal age or before the
institution of a suit for annulment.
Only such persons as are in the full enjoyment of their reason can
contract marriage.
Marriage is forbidden to all persons who suffer from absolute or relative
physical impotency for the purposes of procreation.
Public-domain text, read in full here on John Shaqi.
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