On the period of Spanish laws and much of one’s nineteenth century wedding and you may associated situations had been controlled during the Costa Rica of the this new Catholic canon rules of your own Latin rite, specifically one included in the norms of your own Council away from Trent. Therefore it had been arranged on Siete Partidas, great Castilian legislative performs of the thirteenth century, that has been placed into push during the Spanish America.
The betrothal is a keen enforceable price before ecclesiastical courts, and their legitimacy it actually was necessary that one another betrothed was at the very least seven years of age, although it might be good regarding minors of this ages, whether or not it try affirmed afterwards. ent so there was no breakup joining, except for the few circumstances sent to for the cannon legislation. And the laws away from relationships, lots of municipal laws and regulations, especially those in accordance with Partidas, regulated regions of matrimony per road blocks, adultery, kinship or other matters (Jordan de- Asso y del Rio, Manuel & Rodriguez, 1984: 45-50).
After each relationship, the state carry out send this new formal backup of your ceremony to the latest Costa Rican authorities6
New adultery off a lady try believed a criminal activity plus the regulations built serious punishments to your adulteress along with her accomplice.
Whether or not Costa Rica turned into independent regarding The country of spain during the 1821, Castilian laws and regulations went on to manipulate getting twenty more ages. During the 1841 the fresh new Codigo Standard del Estado are given, mostly duplicated out-of laws out-of Peru and you will Bolivia, nevertheless e. ent and you can try ruled considerably because of the specifications from cannon law. The fresh new spouse owed safeguards to the wife hence obedience to help you your. As well, it control imposed a severe judge limit for the hitched feminine, which in fact had perhaps not existed on Siete Partidas, since to help you conclude deals or do so judicial acts, a married woman requisite authorization regarding spouse or perhaps in their absence about courtroom, regardless if she try permitted to try freely. Separation and divorce stayed, however, a divorced people couldn’t remarry when you find yourself his partner resided, and only ecclesiastical courts got jurisdiction in order to rule with the breakup.
Until 1864 foreign people who were maybe not Catholics had a significant problem if they desired to get married when you look at the Costa Rica. Significantly less than Costa Rican law, really the only appropriate wedding are one to known by Catholic Church. Consequently, if, such as for example, an Anglican priest renowned during the Costa Rica the marriage out of a beneficial United kingdom couple of that religion, based on Costa Rican law they were however single men and women, making use of conditions that entailed. That it caused the British Authorities to ask government entities off Costa Rica to eliminate in the form of a legislation the issues relevant toward matrimony of the non-Catholic victims citizen in the country, and that are communicated to help you Congress in may 1863 by the pretending Secretary of Foreign Points Aniceto Esquivel in the yearly report5.
According to its laws, betrothal necessary the very least age 10 years toward bride-to-be and you can bridegroom and you may is actually a keen enforceable deal till the civil courts
Towards the 18 December 1863 Congress enacted a rules considering hence marriage ceremonies anywhere between low-Catholic foreigners famous until the diplomatic or consular agencies of the country, legally authorized, could have all the civil effects for the Costa Rica. It had been very important to the newest diplomat otherwise consul add so you’re able to brand new Ministry out-of Overseas Factors the newest authorization away from his own authorities to do marriage ceremonies.
For this reason it had without children women single near you been based the very first time one to a municipal relationship could be validly known during the Costa Rica, even if instance an instance are strictly simply for non-Catholic foreign people whose country gave instance capability to the diplomats or consuls.