Their area IV consisted of multiple statutes towards the betrothal and you may wedding, even when each other associations was in fact influenced mainly by the cannon law

von Doreen

25.November 2023

In the age of Language rule and far of one’s 19th century marriage and you will relevant activities was in fact controlled within the Costa Rica from the brand new Catholic canon rules of Latin rite, especially one to included in the norms of the Council off Trent. Therefore it had been setup regarding the Siete Partidas, high Castilian legislative work of your own thirteenth century, that was set in force while in the Foreign language The usa.

The newest betrothal are a keen enforceable contract up until the ecclesiastical process of law, and for their validity it absolutely was required that one another betrothed was in fact at the very least 7 years old, although it is valid with regards to minors of these decades, if this was affirmed after. ent and there is zero splitting up binding, except for the circumstances provided for in the canon laws. Along with the regulations away from marriage, a good amount of municipal legislation, especially those in accordance with Partidas, controlled areas of matrimony based on impediments, adultery, kinship or any other issues (Michael jordan de Asso y del Rio, Manuel & Rodriguez, 1984: 45-50).

After each matrimony, the official do publish brand new official content of the ceremony so you’re able to the new Costa Rican authorities6

The new adultery of a female was considered a criminal activity and also the rules created major punishments with the adulteress along with her accomplice.

Regardless if Costa Rica turned separate away from The country of spain within the 1821, Castilian laws proceeded to control getting twenty so much more many years. For the 1841 the fresh new Codigo Standard del Estado try granted, mainly copied out-of laws away from Peru and you may Bolivia, nevertheless age. ent and you will is influenced dramatically by arrangements away from canon rules. This new husband due safety on the spouse and this obedience in order to him. On the other hand, it regulation enforced an extreme judge restriction on the hitched feminine, which in fact had not stayed from the Siete Partidas, as so you can end contracts or exercise official acts, a married lady requisite consent regarding spouse or perhaps in his lack throughout the judge, although she is allowed to try easily. Divorce resided, however, a separated people couldn’t remarry when you are their partner resided, and simply ecclesiastical courts had jurisdiction so you’re able to code for the splitting up.

Until 1864 people from other countries who have been maybe not Catholics had a serious problem once they wanted to wed inside Costa Rica. Below Costa Rican law, the only real valid matrimony is one distinguished because of the Catholic Chapel. Consequently, if, including, an enthusiastic Anglican priest prominent in Costa Rica the wedding regarding an excellent Uk couple of you to definitely religion, centered on Costa Rican rules they were still men and women, using the issues that entailed. Which was the cause of United kingdom Authorities to inquire of the federal government of Costa Rica to stop in the shape of a law the issues associated on matrimony of their low-Catholic victims citizen in the united kingdom, and this is actually communicated in order to Congress in-may 1863 by pretending Secretary off International Items Aniceto Esquivel inside the annual report5.

Considering its laws, betrothal required the absolute minimum age of a decade to your bride to be and you will bridegroom and you will was a keen enforceable offer till the civil process of law

Towards the 18 December 1863 Congress passed a law considering and therefore marriage ceremonies between low-Catholic people from other countries distinguished before diplomatic otherwise consular agencies of their country, legitimately registered, could have the civil effects in the Costa Rica. It absolutely was important for the fresh new diplomat otherwise consul add to help you new Ministry off Overseas Factors this new agreement away from their own authorities to perform marriage ceremonies.

Ergo it actually was built the very first time you to definitely a municipal matrimony might be validly famous within the Costa Rica, even if such as a situation is actually purely limited by low-Catholic foreigners whoever nation provided including capacity to its diplomats otherwise consuls.

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