From the age of Spanish code and far of one’s 19th century relationship and you may relevant factors had been regulated during the Costa Rica because of the new Catholic canon laws of your Latin rite, particularly one part of the norms of the Council of Trent. Thus it was arranged from the Siete Partidas, great Castilian legislative works of thirteenth century, which had been set in push during the Foreign language The united states.
New betrothal is actually an enforceable contract till the ecclesiastical courts, as well as for its authenticity it absolutely was needed that both betrothed was at least seven years old, although it is appropriate regarding minors of that ages, whether or not it try confirmed after. ent there is zero split up binding, except for the few times taken to for the cannon rules. Also the rules out of wedding, plenty of civil laws, especially those in accordance with Partidas, managed aspects of relationship according to hurdles, adultery, kinship or any other issues (Michael jordan de- Asso y del Rio, Manuel & Rodriguez, 1984: 45-50).
After every wedding, the state would publish the newest formal duplicate of one’s ceremony so you’re able to the new Costa Rican authorities6
The newest adultery of a woman is actually believed a crime therefore the rules situated severe punishments towards adulteress along with her accomplice.
Although Costa Rica turned into independent out-of Spain from inside the 1821, Castilian statutes proceeded to manipulate getting twenty much more decades. Into the 1841 the new Codigo General del Estado was issued, mainly copied of regulations of Peru and you may Bolivia, but the age. ent and are ruled considerably by terms from cannon legislation. The fresh new partner due safety for the partner and this obedience so you can him. In addition, so it regulation implemented an extreme judge restriction on married women, which had maybe not lived in the Siete Partidas, because the to end agreements otherwise get it done judicial acts, a married woman necessary authorization on the husband or perhaps in their lack regarding the courtroom, even when she are allowed to test freely. Divorce proceedings lived, however, a divorced person couldn’t remarry if you are his mate resided, and just ecclesiastical process of law had jurisdiction so you can rule towards the divorce or separation.
Up until 1864 foreigners who were maybe not Catholics got a significant state if they wanted to get married for the Costa Rica. Significantly less than Costa Rican rules, the actual only real good marriage is that notable of the Catholic Chapel. Consequently, in the event the, such, an enthusiastic Anglican priest distinguished from inside the Costa Rica the marriage from an effective Uk couple of you to religion, according to Costa Rican legislation they certainly were nonetheless men and women, utilizing the issues that entailed. So it was the cause of United kingdom Bodies to inquire of the government of Costa Rica to prevent in the form of a law the issues associated to the relationships of their low-Catholic subjects citizen in the country, and this are communicated so you can Congress in may 1863 of the acting Secretary regarding International Items Aniceto Esquivel in the annual report5.
Centered on the laws and regulations, betrothal needed the very least chronilogical age of a decade into the bride and you will bridegroom and is a keen enforceable deal through to the municipal process of law
Towards the 18 December 1863 Congress enacted a legislation based on and this marriage ceremonies ranging from non-Catholic foreigners known before the diplomatic otherwise consular representatives of its nation, legitimately subscribed, would have all civil consequences into the Costa Rica. It absolutely was necessary for the brand new diplomat or consul to submit to the newest Ministry of Overseas Points the brand new consent from their own authorities to do marriage ceremonies.
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Hence it had been established for the first time that a municipal relationship could well be validly popular within the Costa Rica, even though particularly a situation try strictly restricted to non-Catholic people from other countries whoever nation gave such as for example power to its diplomats otherwise consuls.