Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
PROOF OF MARRIAGE.--The ordinary manner to prove a marriage concluded in
Cuba is to produce a certificate of the record of the civil registry, and
this is the proof required unless the books of the civil registry never
existed, or have disappeared, or a question is pending before the
tribunals, in which case all kinds of direct evidence are admissible.
The uninterrupted status of the parents, together with the certificates of
the birth of their children as legitimate, is one competent method of
proving the marriage of said parents, unless it is shown that one of the
two was bound by a prior marriage.
A marriage contracted in a foreign country may be established by showing
an authenticated copy of its registration. If such foreign country does
not require a regular or authenticated registration the marriage must be
proved by competent evidence of the regulations of marriage in the foreign
country in question, together with proof that all such regulations were
complied with.
Should a marriage be contracted in a foreign country between a Cuban and a
foreign woman, or between a foreigner and a Cuban woman, and the
contracting parties do not make special stipulations with regard to their
property, it is understood, when the husband is a Cuban, that he marries
under the system of the legal conjugal partnership; and when the wife is a
Cuban that she marries under the system of laws in force in the husband's
country.
ENGAGEMENTS TO MARRY.--Future espousals do not give rise to an obligation
to contract marriage. No court will admit a complaint in which their
performance is demanded.
However, 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 banns have been
published, the person who refuses to marry, without just cause, can 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 such expenses must be instituted within
a year, counted from the day of the refusal to celebrate the marriage.
SPANISH PRECEDENTS.--It should be remembered that in throwing off the yoke
of Spanish rule the people of Cuba did not change their blood, language or
traditions. Just as the law of the United States of America is founded
upon the law of England as it existed at the time of the adoption of the
American Constitution, so the jurisprudence of the Republic of Cuba has as
its foundation the law of Spain as it existed at the time the Republic was
established.
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