Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
A marriage concluded before a civil officer in the form established by the
civil law of the land can only be annulled by a civil court.
JUDICIAL SEPARATION.--A separation of the person and goods may be had for
the following causes:
1. Adultery of the wife.
2. Adultery of the husband, if such adultery creates a public scandal or
if the husband brings his concubine into the home he has established for
his wife.
3. Sentence of one of the spouses to life imprisonment.
4. Cruel and abusive treatment.
DIVORCE.--Under the law of Portugal as it existed down to the day when
King Manuel II. was dethroned and a Republic declared there was no such
thing as divorce recognized. Portugal has been for centuries a Catholic
country, and the decrees of the Council of Trent, as well as all the
other rules and regulations concerning marriage stated by the Catholic
Church, have been accepted by Portugal as part of the law of the land.
However, since December 1, 1910, when the present provisional government
was constituted, certain new laws have been promulgated by government
decree. One of these new laws relates to divorce and is most modern and
radical in its scope. It permits the courts to grant absolute divorces for
a number of reasons, including "mutual consent of the parties."
Whether such laws, created by proclamation instead of legislation, will be
incorporated into the inevitable new Civil Code of Portugal is a problem
for the future. Our endeavour in this chapter has been to state the
organic law of Portugal as it at present exists, untouched by legislation
on the statute books of that ancient land.
CHAPTER XX.
ROUMANIA.
Roumania is the name officially adopted by the united kingdom that
comprises the former principalities of Walachia and Moldavia. In its
native form it appears simply as "Roumania," representing the claim to
Roman descent put forward by its inhabitants.
The Roumanian Civil Code from which we summarize in this chapter the law
of marriage and divorce of Roumania is practically a copy of the French
Civil Code.
MARRIAGE.--A man must be eighteen years of age and a woman fifteen in
order to contract lawful marriage, except a dispensation is granted by the
King.
The free consent by both contracting parties is essential.
Men under twenty-five years of age and women under twenty-one cannot marry
without the parental consent. Men under the age of thirty and women under
the age of twenty-five are obliged to ask the consent of their parents.
A man or woman is allowed but one spouse at a time.
CONSANGUINITY AND AFFINITY.--Marriage is forbidden between relatives,
whether by blood or by marriage, in the direct line, and in the collateral
line to the fourth degree, inclusive, by the Roman method of counting. The
prohibition obtains whether the relationship arises from legitimate or
illegitimate birth. A dispensation from such impediments may, in special
cases, be granted, by the King.
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