On the period of Foreign-language rule and much of nineteenth century matrimony and you may associated points had been regulated inside Costa Rica because of the the newest Catholic cannon law of your Latin rite, specifically you to definitely included in the norms of your own Council of Trent. Ergo it was set-up about Siete Partidas, high Castilian legislative really works of one’s thirteenth century, which was put into force during the Foreign-language The united states.
According to its legislation, betrothal requisite the very least chronilogical age of ten years toward bride-to-be and you may bridegroom and you may are an enforceable contract till the municipal process of law
The betrothal are a keen enforceable contract up until the ecclesiastical courts, and also for its validity it was required that both betrothed had been at least seven yrs . old, although it would-be appropriate when it comes to minors of the years, if this are affirmed later on. ent so there is actually zero split up binding, with the exception of the few times delivered to inside the cannon legislation. And the statutes out-of wedding, an abundance of civil legislation, especially those in accordance with Partidas, controlled regions of relationships relating to impediments, adultery, kinship or other issues (Michael jordan de Asso y del Rio, Manuel & Rodriguez, 1984: 45-50).
The brand new adultery off a woman are noticed a criminal activity and rules depending serious punishments with the adulteress along with her accomplice.
Towards the 18 December 1863 Congress enacted a rules considering and therefore marriages between non-Catholic people from other countries well known through to the diplomatic otherwise consular representatives of its nation, legitimately signed up, could have all the municipal consequences during the Costa Rica
Even when Costa Rica turned independent off Spain inside the 1821, Castilian statutes proceeded to control to possess twenty Full artikkel way more ages. In 1841 the fresh Codigo General del Estado try granted, mostly copied regarding laws and regulations of Peru and you will Bolivia, nevertheless the age. ent and you may are influenced dramatically of the arrangements regarding canon legislation. Brand new husband owed security into the spouse which behavior so you can your. At the same time, that it regulation enforced an extreme legal restrict into hitched feminine, which had perhaps not lived throughout the Siete Partidas, as to help you stop contracts otherwise take action judicial acts, a married woman expected consent from the partner or in their absence regarding the courtroom, whether or not she is actually permitted to attempt freely. Divorce existed, however, a divorced person couldn’t remarry when you’re his lover existed, and just ecclesiastical process of law got jurisdiction so you can rule towards separation and divorce.
Until 1864 foreigners who were maybe not Catholics got a critical situation if they wished to wed inside the Costa Rica. Significantly less than Costa Rican legislation, truly the only legitimate matrimony is actually you to definitely famous by the Catholic Chapel. Thus, in the event that, such, an Anglican priest renowned inside Costa Rica the wedding away from an excellent Uk couple of that religion, predicated on Costa Rican law they were however american singles, making use of conditions that entailed. So it was the cause of United kingdom Authorities to ask the us government off Costa Rica to end in the form of a laws the difficulties related to your relationship of its non-Catholic subjects resident in the united kingdom, which try conveyed to help you Congress in may 1863 from the pretending Secretary out-of Foreign Points Aniceto Esquivel inside the annual report5.
It absolutely was very important to the brand new diplomat or consul to submit so you can brand new Ministry away from Overseas Products the brand new agreement away from his or her own regulators to do marriages. After each and every marriage, the state create publish the newest official content of your service so you can the fresh Costa Rican authorities6.
Ergo it had been mainly based the very first time one to a municipal relationships is validly known into the Costa Rica, regardless of if such as for example a case are purely limited to low-Catholic foreigners whose country provided for example capability to its diplomats or consuls.
