The part IV consisted of several laws and regulations on betrothal and you will wedding, no matter if one another organizations were governed primarily by canon law

The part IV consisted of several laws and regulations on betrothal and you will wedding, no matter if one another organizations were governed primarily by canon law

On the ages of Spanish code and much of one’s nineteenth century marriage and you may associated things was in fact controlled for the Costa Rica by the the fresh Catholic cannon legislation of Latin rite, especially you to contained in the norms of Council of Trent. For this reason it was create regarding Siete Partidas, high Castilian legislative works of your thirteenth century, that was set in push while in the Foreign language America.

The brand new betrothal try a keen enforceable offer before ecclesiastical process of law, and its validity it had been needed that one another betrothed was indeed at the very least eight yrs old, though it would-be good with respect to minors of that decades, if it is confirmed after. ent there is actually zero separation joining, apart from some of the cases sent to from inside the canon legislation. In addition to the guidelines of marriage, a number of municipal legislation, especially those based on Partidas, regulated areas of relationship per impediments, adultery, kinship and other matters (Michael jordan de Asso y del Rio, Manuel & Rodriguez, 1984: 45-50).

After every matrimony, the official manage upload the newest certified content of your own service in order to the newest Costa Rican authorities6

The latest adultery from a woman is experienced a crime and laws depending severe punishments with the adulteress and her accomplice.

Regardless if Costa Rica became independent out-of Spain within the 1821, Castilian laws and regulations proceeded to manipulate to own twenty a lot more many years. Within the 1841 the brand new Codigo Standard del Estado is actually awarded, largely copied of legislation out of Peru and you may Bolivia, although elizabeth. ent and you may try influenced considerably because of the provisions from canon laws. The new spouse owed safeguards toward partner hence behavior so you can your. Likewise, which controls imposed a severe court restriction into the married female, which in fact had perhaps not resided in the Siete Partidas, since the to help you finish agreements otherwise do so judicial serves, a wedded woman required authorization in the partner or in their lack regarding court, in the event she is permitted to decide to try freely. Divorce proceedings resided, but a separated people could not remarry when you are their partner stayed, and just ecclesiastical courts got jurisdiction so you’re able to code with the separation.

Up until 1864 people from other countries who were not Catholics got a life threatening condition if they planned to marry inside the Costa Rica. Around Costa Rican law, really the only appropriate matrimony was you to definitely famous from the Catholic Church. Therefore, in the event the, including, an Anglican priest notable inside Costa Rica the marriage off a great British couple of you to religion, centered on Costa Rican law they were however single men and women, making use of the conditions that entailed. It caused the British Government to ask the federal government regarding Costa Rica to eliminate by means of a rules the problems relevant to the relationship of the non-Catholic subjects citizen in the united states, and this is conveyed to Congress in-may 1863 because of the acting Assistant regarding International Issues Aniceto Esquivel within his yearly report5.

Considering the statutes, betrothal needed the absolute minimum ages of a decade into fiance and you can groom and you may is an enforceable bargain before the municipal process of law

With the 18 December 1863 Congress enacted a law based on and this marriage ceremonies between non-Catholic foreign people recognized till the diplomatic or consular agencies of their nation, legally authorized, would have most of the municipal outcomes into the Costa Rica. It had been essential the new diplomat or consul to submit in order to the latest Ministry of International Points the agreement of his or her own government to do marriage ceremonies.

Ergo it absolutely was established for the first time you to a municipal matrimony could well be validly well known into the Costa Rica, even if like a case was strictly simply bu baДџlantД± for low-Catholic people from other countries whose country offered such as capacity to their diplomats otherwise consuls.