Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
1. Adultery of the wife, or of the husband if he maintains a concubine in
his house or openly in another place or when such circumstances concur
that the act constitutes a grave indignity (_ingiuria grave_) to the wife.
The latter provision is intended to apply particularly to cases where the
wife has discovered the husband in _flagrante delicto_.
2. Voluntary abandonment.
3. Violence endangering the life or health, cruelty, threats, or grave
mental indignities.
4. Sentence to punishment for crime, except when the conviction was prior
to the marriage and the other party was cognizant of it.
5. The wife can ask for a separation when the husband, without any just
reason, does not set up an abode, or, having the means, refuses to set one
up in a manner suited to his condition.
6. Mutual agreement. Separation on this ground is not valid unless
ratified by the court after an attempt at reconciliation has been made.
LIMITATIONS TO RIGHT OF ACTION.--The right to obtain a separation is
extinguished by condonation, express or tacit.
PROCEDURE.--Actions for separations must be brought before the court under
whose jurisdiction the defendant is resident or domiciled. Service is
ordinarily personal, but if the residence of the defendant is unknown it
may be made by a judicial edict giving notice of the action, of which one
copy must be posted at the door of the building where the court holds its
sessions, while a copy is published in the newspaper designated for the
official notices of the court, and another copy is transmitted to the
public prosecutor for the district in which the action is brought.
Before the case is tried the parties are obliged to appear in person and
without attorneys before the President of the Court which has jurisdiction
over the case, who hears each party separately and makes such
representations as he considers calculated to effect a reconciliation. If
a reconciliation is accomplished the fact is noted on the court records
and the case dismissed; otherwise the case is sent back to the court for
trial.
The trial is ordinarily in accordance with the rules of summary
procedure.
EFFECTS OF DECREE.--The party for whose fault the separation was
pronounced incurs the loss of the marriage remainders; of all the uses
which the other party had granted in the marriage contract, and also of
the legal usufruct. The other party preserves the right to the remainders
and to every other use dependent on the marriage contract, even if
stipulated as reciprocal. In case both parties are equally at fault each
incurs the losses above indicated, the right of support in case of
necessity always being preserved.
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