Marriage and Divorce Laws of the World Part 46

A marriage abroad of a citizen of the Republic of Brazil must conform not only to the law of the place of its celebration, but must also be in strict accordance with the law of Brazil.

CHAPTER x.x.x.

THE REPUBLIC OF CUBA.

A nation may in a day overthrow a dynasty which has ruled for centuries, it may in a few years completely revolutionize its system of government and methods of trading, but its ancient code of marriage will live on unchanged for ages.

It is a noteworthy fact that the law of Rome concerning marriage survived the Roman Empire by a thousand years, and even to-day it is the foundation of the law on that subject in all of the Continental countries of Europe and of the entire Western Hemisphere, with the exception of the United States of America and Canada.

In the Civil Code of Cuba we can see not only its recent origin from the Spanish Code, but traces of the Law of the Twelve Tables and the Inst.i.tutes of Justinian.

Cuba is to-day a Republic composed of six Provinces. The seat of government is located at Havana, where sit the Senate and House of Representatives, which const.i.tute the national legislature.

The Civil Code is the _Codigo Civil_ of Spain, with such changes and modifications as have become effective since Spain lost its sovereignty over Cuba.

The statement of Cuban law which follows is, therefore, predicated upon the _Codigo Civil_, which by royal decree of May 11, 1888, was extended to the islands of Cuba, Porto Rico and the Philippines, upon proclamations and orders issued during the recent American military occupation and on the interpretation and construction of the positive law by Cuban courts and jurists.

MARRIAGE.--The law considers marriage as a civil contract, which may be concluded by either a civil (_matrimonio civil_) or a religious (_matrimonio religioso_) celebration.

A male cannot marry until he has completed his fourteenth year of age; a female until she has completed her twelfth year.

Marriages contracted by minors under the legal age become, however, _ipso facto_ legal if a day after having arrived at the legal age the parties continue to live together without bringing suit to annul the marriage, or if the female becomes pregnant before the legal age or before the inst.i.tution of a suit for annulment.

Only such persons as are in the full enjoyment of their reason can contract marriage.

Marriage is forbidden to all persons who suffer from absolute or relative physical impotency for the purposes of procreation.

Persons ordained _in sacris_ and those professed in an approved canonical order, who are bound by a solemn pledge of chast.i.ty, cannot lawfully conclude marriage until they have obtained the proper canonical dispensation.

Those who are already bound in marriage cannot contract a new marriage.

Persons who are twenty-three years of age or upwards may conclude marriage, if otherwise of legal capacity, without parental consent or advice.

Persons under twenty years of age require the consent of their parents, or of such persons whose right it is to give or withhold such consent.

Persons who are more than twenty years of age, but under twenty-three, are under the obligation of asking the advice or counsel of their parents or of such persons standing in the parental relation before contracting marriage, and if the advice is refused, or it should be unfavourable, the marriage cannot take place until three months after the pet.i.tion was made.

The consent and the favourable advice for the celebration of a marriage must be proven, if requested, by means of an instrument authenticated by a civil or ecclesiastical notary or by the munic.i.p.al judge of the domicile of the pet.i.tioner.

When the advice has been proven the lapse of time shall be proven in the same manner.

If a marriage is concluded by persons more than twenty years of age, and under twenty-three years of age, without compliance with the rules just stated, the marriage will be recognized as valid, but the offender is subject to certain disabilities and penalties.

CONSANGUINITY AND AFFINITY.--The following persons are prohibited from contracting marriage with each other:

1. The ascendants and descendants by legitimate or natural consanguinity or affinity.

2. Collaterals by legitimate consanguinity up to the fourth degree.

3. Collaterals by legitimate affinity up to the fourth degree.

4. Collaterals by natural consanguinity or affinity up to the second degree.

The government, for sufficient cause, may on the pet.i.tion of a party grant a dispensation permitting a marriage of minors who have not obtained the proper permission or advice of the persons whose legal right it is to authorize one or the other.

For grave reasons the government may also grant a dispensation relieving a party from the prohibition of marrying within the third and fourth degrees of collaterals by legitimate consanguinity; the impediments arising from legitimate or natural affinity between collaterals and those relating to the descendants of the adopter.

SPECIAL PROHIBITIONS.--The following persons cannot contract marriage with each other:

1. The adopting father or mother and the adopted; the latter and the surviving spouse of the former, and the former and the surviving spouse of the latter.

2. The legitimate descendants of the adopter with the adopted, while the adoption lasts.

3. Adulterers who have been condemned by a final judgment.

4. Those who have been condemned as authors, or as the author and accomplice, of the death of the spouse of either of them.

CELEBRATION OF MARRIAGE.--A civil marriage must be celebrated according to the requirements of the code, as changed or modified by subsequent orders, decrees and legislation.

Any clergyman, priest or minister, irrespective of faith or sect, who belongs to a religious denomination actually established in the Republic of Cuba, and who has been duly authorized, may solemnize marriage.

A register is kept in the office of the Secretary of Justice containing the names and addresses of all clergymen, priests and ministers who are qualified to solemnize marriage in the Republic.

Persons who desire to contract a religious marriage must present to the clergyman, priest or minister who is qualified to perform the ceremony a declaration signed by both of the contracting parties, stating:

1. The names, surnames, profession, domicile or residence of the contracting parties.

2. The names, surnames, profession, domicile or residence of the parents.

3. Certificates of birth and of the status of the contracting parties, the consent or advice, if proper, and the dispensation, when it is necessary.

Upon the presentation of such a declaration the clergyman, priest or minister shall announce the future celebration of marriage between the parties according to the form or method prescribed by the rites and regulations of his religious denomination.

If the religions denomination of such clergyman, priest or minister has no established form for such announcement, then a publication must be made in the form established by the Civil Code. The method required by the Civil Code for proclaiming an intended marriage is set forth in Article 89, which directs a publication by posting the written declaration of the parties for fifteen days and calling upon those who have information of any obstacle to oppose the marriage.

A civil marriage can only be solemnized by a munic.i.p.al judge (_Juez Munic.i.p.al_), to whom must be presented as an indispensable preliminary such a signed declaration of the parties as is necessary in the case where the parties desire a religious ceremony.

A munic.i.p.al judge chosen to celebrate a civil marriage will also direct as a preliminary to marriage such a proclamation as is required by Article 89 aforesaid.

A priest, minister or clergyman duly authorized to perform marriages may, for sufficient cause, dispense with the publication as before set forth; but in every case where a publication is made the marriage cannot be concluded after fifteen days after the first day of such publication.

No priest, clergyman or minister is now authorized to grant a dispensation permitting a marriage for any reason forbidden by the laws of the Republic.

An opposition to a marriage made by an interested person must be heard and determined by the munic.i.p.al judge of the district before any person whatsoever is authorized to solemnize the nuptials.