Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
EFFECTS OF DIVORCE.--If the guilty party is the wife, her husband has the
right to retain all her dowry which she brought to him, and to retake all
gifts made to her either before or after marriage.
If the guilty party is the husband, the wife has the right to recover her
dowry, to keep any present she ever received from the husband, and to
exact suitable maintenance from her divorced husband until such time as
she remarries.
The custody of the children is given to the winning suitor, except that
children under five years remain in the care of their mother.
CHAPTER XXIII.
THE KINGDOM OF GREECE.
Because of its matchless philosophy, literature and art, ancient Greece is
still the marvel of the modern world, but little credit is given to old
Hellas as one of the principal sources of the jurisprudence of to-day. For
political reasons the Roman law was the overshadowing and dominating
system of ancient law, but the fountain head of the laws of Rome, even of
the Laws of the Twelve Tables, was the land of Demosthenes, Pericles,
Solon and Lycurgus.
The great jurisconsults of the Roman Empire were not Roman but Greek
lawyers, not the least of whom was Gaius, the legal commentator who was
the Blackstone of his period.
The Roman Empire was the physical expression of Grecian intellect. Not
only the first lawyers but the first popes of Rome were Greeks.
The modern Kingdom of Greece has an excellent system of jurisprudence
based on the old Roman law, with modifications drawn from the Bavarian and
French. The commercial law has been adapted from the _Code Napoleon_, the
penal laws are of Bavarian origin, and the laws of marriage and divorce
are derived from the Roman law necessarily modified to harmonize with the
dogmas of the Orthodox Greek Church, which is the national church of the
kingdom.
The Areopagus existed in Greece as a court of justice before the first
Messenian war, 740 B. C. This court was situated on the Hill of Ares
outside the city of Athens, the very "Hill of Mars" on which St. Paul
preached in the year A. D. 52. We find historical mention of the Court of
Areopagus as late as the year 880 of the Christian Era. It is unlikely
that the Areopagus of to-day, which is the supreme court of appeal in
modern Greece, has any other relationship than the same venerable name
with the court of ancient times.
Besides the Court of the Areopagus, there are four other inferior courts
of appeal, one for each of the judicial districts of Greece. There are
also four commercial tribunals, seventeen courts of first instance, and
over two hundred justices of the peace. The standard of the Grecian
judiciary is very high, for only men of unblemished reputation who have
received the degree of doctor of law from a reputable European university
are eligible to the bench.
There is no _habeas corpus_ act in Greece, but no one can be arrested, no
house can be entered, and no letter opened without a judicial warrant.
Public-domain text, read in full here on John Shaqi.
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