Their region IV contains several statutes for the betrothal and you can relationships, though both associations was indeed influenced primarily by cannon legislation

Their region IV contains several statutes for the betrothal and you can relationships, though both associations was indeed influenced primarily by cannon legislation

Throughout the ages of Language signal and far of your 19th century relationships and you can relevant issues was indeed controlled when you look at the Costa Rica of the the new Catholic cannon legislation of Latin rite, specifically you to definitely part of the norms of your own Council out-of Trent. Therefore it actually was build regarding the Siete Partidas, higher Castilian legislative work of the thirteenth century, which was placed into force throughout the Foreign-language America.

The fresh betrothal are a keen enforceable bargain till the ecclesiastical process of law, and its validity it had been required that each other betrothed was indeed no less than seven yrs . old, though it might possibly be good in terms of minors of this years, whether or not it is actually affirmed later on. ent so there is no split up joining, apart from some of the instances taken to in canon laws. Plus the laws from relationships, an abundance of municipal guidelines, especially those in accordance with Partidas, managed regions of marriage in accordance with road blocks, adultery, kinship or other issues (Michael jordan de- Asso y del Rio, Manuel & Rodriguez, 1984: 45-50).

After each and every relationships, the official perform upload the newest specialized backup of one’s ceremony so you can the Costa Rican authorities6

This new adultery of a woman try noticed a criminal activity together with regulations built serious punishments towards adulteress along with her accomplice.

Even if Costa Rica turned into separate out-of The country of spain into the 1821, Castilian regulations went on to govern to own twenty significantly more age. During the 1841 the newest Codigo General del Estado is granted, mainly copied of laws and regulations off Peru and you can Bolivia, although age. ent and try ruled considerably of the specifications regarding cannon laws. The newest husband owed cover towards the partner and therefore behavior so you can him. On the other hand, it control enforced an extreme legal restrict on partnered women, which had perhaps not resided throughout the Siete Partidas, as the so you’re able to ending contracts otherwise exercise official serves, a wedded lady required authorization regarding husband or even in their lack from the judge, even though she is actually permitted to take to freely. Divorce or separation stayed, however, a separated person couldn’t remarry while their spouse resided, and simply ecclesiastical courts had legislation to signal on the divorce proceedings.

Up to 1864 people from other countries have been maybe not Catholics had a significant condition whenever they wanted to marry into the Costa Rica. Below Costa Rican rules, the sole good matrimony try one well-known of the Catholic Church. Consequently, if the, such, an Anglican priest known in the Costa Rica the marriage away from a great Uk few you to faith, based on Costa Rican rules these people were nevertheless men and women, using the conditions that entailed. That it was the cause of United kingdom Authorities to inquire of the government off Costa Rica to stop in the form of a law the problems relevant on the wedding of its non-Catholic victims resident in the united kingdom, and this try communicated so you can Congress in may 1863 from the acting Assistant from International Situations Aniceto Esquivel within his annual report5.

Considering its statutes, betrothal needed at least age of ten years toward bride and you may groom and you can try a keen enforceable price through to the municipal courts

To your 18 December 1863 Congress passed a law considering which marriages anywhere between non-Catholic people from other countries famous before diplomatic or consular agencies of their country, lawfully authorized, would have all municipal effects inside the Costa Rica. It actually was necessary for brand new diplomat otherwise consul to submit so you’re able to the latest Ministry from Overseas Facts the fresh authorization away from his very own authorities to execute marriages.

Therefore it was centered the very first time that a civil marriage would be validly well known from inside the Costa Rica, even if such as for example an incident try purely simply for non-Catholic foreigners whose nation offered such ability to the diplomats or consuls.

Leave a Reply