Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
If Peter the Great had lived long enough he would probably have given
Russia a regular code such as Napoleon bequeathed to France, but he was
too busy during his career with wars, travels and social reforms.
The Emperor Nicholas I. is entitled to the credit of being the first
Russian sovereign to direct the compilation of anything approaching a
classified legal code, and under his authority the jurist Speransky
collected together some forty volumes. This code, as revised from time to
time, is the best exposition obtainable of the law of the Empire. Its
first article, however, qualifies the entire code by recognizing the
Tsar's privilege of altering or setting aside any law of the realm at
will.
Until recently the first lesson for the Russian law student to learn was
expressed in the doctrine: _Quod principi placuit, legis habet vigorem_.
"The sovereign's pleasure has the force of law."
Many reforms have of late years been worked in Russian law and judicial
procedure, but in these matters Russia is still a long way off from
justifying the belief expressed by Count Mouravieff, that this country has
a civilizing mission such as no other nation of the world, not only in
Asia, but also in Europe.
Such benefits as can be derived from the law are still more for the
privileged classes than for the great body of the people, and the point
has not yet been reached of substituting judicial trials for
ecclesiastical in matrimonial causes.
The regulations concerning marriage and divorce fall within the province
of the clergy and the ecclesiastical courts, except that the civil
tribunals have jurisdiction over annulment and divorce for the
_Raskolniken_, or "Old Believers," and for the Baptists and some other
dissenters from the State Church of Russia.
With the exceptions noted, the regulations of each form of religious
belief, including Mohammedanism and other non-Christian beliefs, are
endorsed by the State as the law for the adherents of that belief. The
civil courts, however, have jurisdiction over the civil effects of
marriage and divorce, and the State law contains certain provisions
binding on the adherents of all religious confessions.
The regulations governing the Roman Catholics are, in general, those of
the canon law and those governing the German Lutherans are those of the
old Protestant common law of Germany.
We shall consider the special regulations affecting the Jews in a separate
division of this chapter.
MARRIAGE.--A man reaches marriageable age upon the completion of his
eighteenth year and a woman upon the completion of her sixteenth year;
natives of Transcaucasia, however, may marry at the completion of the
fifteenth and thirteenth years, respectively.
A marriage cannot take place without the free and mutual consent of the
principals. The exercise of any kind of compulsion is forbidden to
parents or guardians.
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