Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
Foreigners desiring to be married in Italy must present a certificate from
the competent authority of their own country that they satisfy the
requirements of the laws of that country. Foreigners ordinarily residing
in Italy must also satisfy the requirements of the Italian law.
PRELIMINARIES.--The preliminary formalities to marriage are essentially
the same in both the French and the Italian Codes.
LEGAL OPPOSITION.--Legal opposition to the marriage may be made by the
parents or, in want of them, by the grandparents of either party, if they
are cognizant of the existence of any legal impediment, even if the
parties are of age. In default of ascendants, opposition can also be made
by a brother, sister, uncle, aunt, or cousin german, as well as by the
guardian or curator duly authorized by the family council, on the ground
of lack of the required consent or the infirmity of mind of one of the
parties to the marriage. Anyone may oppose the remarriage of his former
consort.
The public prosecutor is required to oppose the marriage officially when
he is cognizant of any impediment, and to facilitate his accomplishment of
this duty the registrar is bound to inform him of any impediment that
appears to exist.
The effect of a legal opposition is to suspend the celebration of the
marriage until the case has been determined in court. If the opposition
proves to be without legal ground the one filing it, unless one of the
ascendants or the public prosecutor, may be held responsible for any
damage occasioned by him.
CELEBRATION.--Marriage must be celebrated publicly in the communal house
and before the registrar of the commune where one of the parties has his
or her domicile. Two witnesses are required.
RECORD OF MARRIAGE.--The registrar must inscribe a record of the marriage
in the civil register giving all the necessary details and must deliver an
authenticated abstract of the record to the parties, who without this
cannot legally claim to be married or to enjoy any of the legal
consequences of marriage.
ILLEGITIMATE CHILDREN.--Such children are legitimatized by the subsequent
marriage of their parents, although in order to acquire the legal rights
of legitimate children they must be formally recognized by their parents.
These legal rights are acquired at the time of marriage only if the
illegitimate children are legally recognized by their parents in the
marriage record or have been legally recognized at some time prior to the
marriage; otherwise they date only from the day when such recognition is
given subsequent to the marriage. Children of adulterous connections and
of persons between whom exists the impediment of relationship by blood or
marriage in the direct line, or of relationship by blood in the collateral
line up to the second degree, cannot be legitimatized.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account