Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
This individual sovereignty of a German State is somewhat analogous to
that of a State in the American Union. However, we must for the purposes
of this chapter notice one important difference.
The legislative power of the central authority of the German Empire is not
only exclusive on certain imperial matters, but its acts take precedence
in such domestic concerns as domicile, judicial procedure, marriage and
divorce, and the general rights of a German subject.
The Constitution of the Empire (April 16, 1871) enumerates in detail the
powers, limitations and relations of the different organs of government.
From the _Germania_ of Tacitus and other authorities we learn that among
the early Germans marriage was largely a matter of bargain and sale. In
the presence of certain relatives or friends the father or guardian of a
female delivered her to the bridegroom on receipt of the purchase price.
Marriage by abduction was also recognized, but the abducter was obliged to
make compensation to the abducted female's father or guardian, which
compensation amounted in effect to an agreed purchase price.
Although the consent of the female was never asked or considered on the
question of marriage, we are told by Tacitus that German wives were
remarkable for their fidelity and affection and were treated as friends by
their husbands, who had a high respect for their judgment in all concerns
of life.
From the mediæval times Christianity has exercised a strong and correcting
influence on the relation of marriage in Germany. At first the Christian
Church recognized the informally declared agreement to marry on the part
of the man and woman, which is called nowadays a betrothal, as all that
was necessary to make them husband and wife. If the agreement referred to
some future time, however, they were not considered as actually married
until cohabitation had taken place. By the decrees of the Council of
Trent, ratified in 1564, the Roman Catholic Church made it a requirement
for the first time that in order to constitute a valid marriage the
declarations of the couple must be made before a priest and witnesses.
It was not until the eighteenth century that the Protestant Church in
Germany adopted the rule that a marriage is not concluded simply by
betrothal or mutual agreement, but requires a formal religious
celebration.
The _Personenstandsgesetz_, which became law on January 1, 1876, provided
for the first time governmental regulation of marriage on a non-sectarian
basis for the German Empire.
It was not, however, until the enactment of the Civil Code that a clear
and methodical statement of the law of marriage and divorce was given to
the German people.
Public-domain text, read in full here on John Shaqi.
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