The area IV contains several legislation with the betrothal and you will marriage, regardless of if each other establishments was in fact influenced generally from the cannon law

The area IV contains several legislation with the betrothal and you will marriage, regardless of if each other establishments was in fact influenced generally from the cannon law

On the age Spanish laws and far of one’s 19th century relationship and you can relevant products was controlled inside Costa Rica from the the newest Catholic canon laws of your Latin rite, particularly one to contained in the norms of one’s Council out-of Trent. Thus it absolutely was created in the Siete Partidas, great Castilian legislative works of your thirteenth century, which was put into push through the Foreign-language The united states.

New betrothal was an enthusiastic enforceable deal up until the ecclesiastical courts, and also for their authenticity it had been needed that both betrothed have been about seven years of age, though it could be appropriate with regards to minors of these Klikk for ГҐ undersГёke many years, if it are confirmed after. ent so there are no separation and divorce joining, with the exception of the cases sent to in the canon legislation. Along with the laws and regulations away from matrimony, a number of civil statutes, especially those based on Partidas, regulated aspects of relationships according to impediments, adultery, kinship and other issues (Jordan de Asso y del Rio, Manuel & Rodriguez, 1984: 45-50).

After each and every relationship, the official would send the newest official duplicate of the service so you can new Costa Rican authorities6

Brand new adultery out-of a female are considered a crime and the regulations dependent major punishments on adulteress along with her accomplice.

Even in the event Costa Rica turned separate off Spain when you look at the 1821, Castilian laws and regulations went on to govern to possess twenty even more age. Inside 1841 this new Codigo Standard del Estado is granted, mostly duplicated from legislation of Peru and you will Bolivia, but the e. ent and you will is ruled significantly because of the terms out-of canon legislation. The fresh partner due defense for the partner and this behavior so you’re able to him. On the other hand, which regulation imposed a severe legal limitation with the partnered feminine, which had not existed regarding Siete Partidas, since so you’re able to conclude deals otherwise exercise judicial acts, a wedded lady needed authorization regarding spouse or perhaps in his lack regarding the judge, regardless of if she try allowed to try easily. Divorce existed, but a separated people couldn’t remarry when you’re his companion stayed, and simply ecclesiastical courts got legislation to code to your divorce.

Until 1864 people from other countries who were perhaps not Catholics had a critical condition if they wished to wed inside Costa Rica. Below Costa Rican law, the only good matrimony are you to definitely prominent from the Catholic Chapel. Thus, when the, eg, an enthusiastic Anglican priest distinguished in Costa Rica the wedding off a beneficial Uk couple of one to religion, considering Costa Rican legislation these people were nonetheless singles, with all the problems that entailed. It was the cause of United kingdom Authorities to ask the us government out-of Costa Rica to quit as a law the difficulties related toward matrimony of its non-Catholic victims resident in the nation, and that was presented so you’re able to Congress in-may 1863 by acting Assistant of International Products Aniceto Esquivel in his annual report5.

Centered on the legislation, betrothal needed a minimum ages of 10 years into fiance and groom and is actually a keen enforceable price until the civil courts

Towards 18 December 1863 Congress passed a law based on and therefore marriage ceremonies between low-Catholic foreigners celebrated through to the diplomatic or consular agents of the country, legitimately subscribed, will have all the municipal outcomes inside the Costa Rica. It was important for the fresh diplomat or consul add so you can the fresh Ministry of Foreign Facts the newest consent out of his own bodies to do marriage ceremonies.

Hence it actually was founded the very first time one to a civil wedding could well be validly notable into the Costa Rica, although particularly a situation is strictly restricted to non-Catholic foreign people whose nation offered particularly ability to their diplomats otherwise consuls.

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