On ages of Spanish rule and much of one’s 19th century relationship and relevant items was in fact managed inside the Costa Rica by this new Catholic canon law of your Latin rite, specifically you to definitely within the norms of one’s Council from Trent. Thus it actually was put up on the Siete Partidas, great Castilian legislative works of thirteenth century, which was put into force during Foreign-language The usa.
The newest betrothal is an enthusiastic enforceable price up until the ecclesiastical courts, as well as for their legitimacy it had been needed that each other betrothed have been no less than eight yrs . old, though it is good with regards to minors of this years, whether it is actually confirmed after. ent so there are no divorce or separation binding, with the exception of some of the cases provided for from inside the canon legislation. Plus the regulations from relationship, lots of municipal laws, specifically those based on Partidas, controlled areas of marriage according to impediments, adultery, kinship or other issues (Jordan de- Asso y del Rio, Manuel & Rodriguez, 1984: 45-50).
After each and every marriage, the state do send the fresh new authoritative backup of your service to help you the Costa Rican authorities6
The adultery out of a female try experienced a criminal activity and guidelines created major punishments to your adulteress and her accomplice.
Though Costa Rica turned separate from Spain during the 1821, Castilian laws and regulations continued to manipulate to possess twenty much more decades. From inside the 1841 the fresh Codigo General del Estado are awarded, mostly copied away from regulations away from Peru and Bolivia, although elizabeth. ent and you may are ruled substantially of the provisions out of canon legislation. The fresh partner due security on the wife and this obedience in order to him. At the same time, this controls implemented a severe judge limitation towards married women, which in fact had not resided throughout the Siete Partidas, since so you’re able to finish deals or get it done judicial acts, a wedded lady requisite authorization about husband or in their lack regarding the judge, although she was permitted to take to easily. Split up existed, however, a separated people cannot remarry while you are his spouse stayed, and just ecclesiastical courts got legislation in order to rule to the split up.
Up until 1864 foreigners who had been not Catholics got a serious state if they wished to get married in Costa Rica. Lower than Costa Rican laws, truly the only valid relationship try you to prominent by Catholic Church. For that reason, if the, such as for example, a keen Anglican priest renowned for the Costa Rica the marriage regarding a great British few you to definitely faith, considering Costa Rican rules they were still men and women, because of the problems that entailed. It caused the British Government to ask the us government regarding Costa Rica to prevent in the form of a law the problems relevant towards marriage of their non-Catholic subjects resident in the nation, and therefore is actually presented in order to Congress in-may 1863 by acting Secretary away from International Situations Aniceto Esquivel in the yearly report5.
Considering its statutes, betrothal requisite a minimum period of a decade to the fiance and you may bridegroom and you can is actually an enthusiastic enforceable contract before the civil process of law
On the 18 December 1863 Congress enacted a rules centered on and that marriage ceremonies anywhere between non-Catholic foreign people celebrated till the diplomatic or consular representatives Se det nГҐ of their nation, legitimately signed up, might have all the civil outcomes during the Costa Rica. It was necessary for the diplomat otherwise consul to submit in order to the fresh Ministry from Foreign Products the newest consent of his own authorities to execute marriage ceremonies.
Thus it absolutely was oriented the very first time one a civil matrimony might be validly renowned in the Costa Rica, regardless if such an incident try purely simply for low-Catholic foreigners whoever nation offered for example power to the diplomats otherwise consuls.