Their area IV consisted of several statutes for the betrothal and you will wedding, even when one another institutions was basically governed generally of the canon law
About age Foreign-language signal and much of the nineteenth century relationships and you will associated products was in fact managed for the Costa Rica of the this new Catholic cannon legislation of your own Latin rite, especially you to definitely contained in the norms of the Council out of Trent. Therefore it was create regarding the Siete Partidas, high Castilian legislative performs of the thirteenth century, which was put in push during Spanish America.
The latest betrothal was a keen enforceable bargain till the ecclesiastical process of law, as well as their validity it was needed that each other betrothed was indeed about 7 years old, although it might be legitimate in terms of minors of these age, whether it is actually verified after. ent so there was no separation and divorce binding, except for the cases provided for inside cannon rules. Along with the statutes regarding matrimony, enough municipal regulations, especially those according to Partidas, managed areas of marriage per hurdles, adultery, kinship or any other issues (Jordan de Asso y del Rio, Manuel & Rodriguez, 1984: 45-50).
After each and every relationships, the state would upload the authoritative duplicate of your own ceremony so you’re able to the newest Costa Rican authorities6
The newest adultery out of a female is actually experienced a criminal activity and rules founded severe punishments toward adulteress and her accomplice.
Even in the event Costa Rica turned into separate away from The country of spain from inside the 1821, Castilian laws proceeded to govern getting twenty a whole lot more decades. Into the 1841 this new Codigo General del Estado was granted, mostly copied from legislation out-of Peru and you may Bolivia, but the elizabeth. ent and you will is actually influenced substantially because of the conditions away from cannon rules. The fresh partner owed cover with the wife and that behavior to help you him. While doing so, that it regulation enforced a severe judge restrict toward married feminine, which in fact had perhaps not existed throughout the Siete Partidas, dominik gelin just like the to stop contracts or take action judicial serves, a married woman needed authorization throughout the husband or even in his absence regarding the judge, even though she are allowed to take to easily. Divorce proceedings existed, but a separated individual cannot remarry when you find yourself their mate existed, and only ecclesiastical courts had jurisdiction so you’re able to laws towards the divorce.
Until 1864 foreigners have been not Catholics got a significant condition if they desired to get married in the Costa Rica. Less than Costa Rican law, really the only legitimate relationship try one prominent by Catholic Chapel. Thus, if, like, an enthusiastic Anglican priest well known within the Costa Rica the wedding out of a good United kingdom couple of you to definitely faith, considering Costa Rican rules these were still single men and women, utilizing the problems that entailed. Which was the cause of Uk Regulators to inquire about the government of Costa Rica to eliminate by means of a rules the issues related on the marriage of its low-Catholic subjects resident in the country, and that are communicated to help you Congress in-may 1863 from the acting Secretary out-of Overseas Factors Aniceto Esquivel in the yearly report5.
According to its laws and regulations, betrothal expected the very least ages of a decade into the fiance and you may bridegroom and you may is actually an enthusiastic enforceable deal before civil courts
Towards 18 December 1863 Congress introduced a rules considering and that marriage ceremonies ranging from non-Catholic foreigners recognized till the diplomatic otherwise consular agents of its country, legally licensed, would have every municipal outcomes in the Costa Rica. It actually was necessary for the fresh new diplomat otherwise consul add so you’re able to this new Ministry out-of Overseas Activities the latest agreement out-of his personal government to execute marriage ceremonies.
Ergo it absolutely was established the very first time you to definitely a municipal marriage is validly notable inside Costa Rica, even when instance a situation try purely restricted to non-Catholic people from other countries whoever country gave like capacity to their diplomats or consuls.