Roumania

: Japanese Fairy Tales

Roumania is the name officially adopted by the united kingdom that

comprises the former principalities of Walachia and Moldavia. In its

native form it appears simply as "Roumania," representing the claim to

Roman descent put forward by its inhabitants.



The Roumanian Civil Code from which we summarize in this chapter the law

of marriage and divorce of Roumania is practically a copy of the French

Civil Code



MARRIAGE.--A man must be eighteen years of age and a woman fifteen in

order to contract lawful marriage, except a dispensation is granted by the

King.



The free consent by both contracting parties is essential.



Men under twenty-five years of age and women under twenty-one cannot marry

without the parental consent. Men under the age of thirty and women under

the age of twenty-five are obliged to ask the consent of their parents.



A man or woman is allowed but one spouse at a time.



CONSANGUINITY AND AFFINITY.--Marriage is forbidden between relatives,

whether by blood or by marriage, in the direct line, and in the collateral

line to the fourth degree, inclusive, by the Roman method of counting. The

prohibition obtains whether the relationship arises from legitimate or

illegitimate birth. A dispensation from such impediments may, in special

cases, be granted, by the King.



Marriage is forbidden between relatives by adoption and between

godparents and their godchildren.



Marriage is forbidden between guardians and wards, or between trustees and

wards, and the father, son or brother of a guardian or trust cannot marry

the ward until the accounts of the guardianship or trust have been

properly audited and settled.



Soldiers cannot marry without the consent of the military authorities.



Marriage is expressly forbidden to priests, monks and nuns.



Divorced persons are forbidden to remarry each other.



A woman whose marriage has been dissolved by death or divorce may not

marry again until the expiration of ten months after such dissolution.



MARRIAGE PRELIMINARIES.--A marriage must be preceded by the publication of

the names, occupations and residences of the parties themselves, and of

their parents, on two Sundays before the celebration. Such publication of

banns must be made before the door of the parish church and the door of

the town hall of the commune where the marriage is to be concluded. The

marriage cannot be solemnized until the fourth day after the second

publication of banns. If a year passes after such publication without

marriage a new publication is necessary. If, upon the publication of

banns, the intended marriage is opposed, as it may be, by any person, the

registrar of the commune must defer the celebration of marriage until the

opposition has been withdrawn or overruled.



CELEBRATION.--The marriage must be celebrated by the registrar in the town

hall of the commune in which one of the parties had had continuous

residence for at least six months. The registrar, in the presence of four

witnesses, reads to the parties that chapter of the Civil Code of

Roumania which defines the rights and duties of marriage. The parties must

then declare to the registrar their intention to marry each other. After

this the officiating registrar pronounces the parties to be husband and

wife.



If a religious celebration is desired it must in all cases be preceded by

the civil ceremony.



ANNULMENT OF MARRIAGE.--A marriage may be annulled on any of the following

grounds:



1. That it was not regularly celebrated before a registrar.



2. That free consent of one or both parties did not exist.



3. Lack of proper age.



4. An existing marriage.



5. Relationship within prohibited degrees.



6. Lack of parental consent.



7. In the case of a soldier, lack of proper consent from the necessary

military authorities.



Where a marriage has been contracted in good faith the parties thereto and

the issue of the marriage are entitled to all civil rights resulting

therefrom; but if only one party was in good faith, only that party and

the issue of the marriage are entitled to these rights.



DIVORCE.--The great majority of the people of the kingdom belong to the

Roumanian branch of the Orthodox Greek Church, which in practice does not

hold to the doctrine of the indissolubility of marriage.



The law of the land permits absolute divorce for the following causes:



1. By mutual consent of the parties. The parties on such an application

appear before a judge with a written inventory of their goods, showing the

division agreed upon, and with certificates of their birth and marriage,

of the births and deaths of their children, and, when necessary, the

consent of their parents.



The judge then endeavours to reconcile the parties. If at the end of one

year and fifteen days no reconciliation has been effected a divorce is

granted.



2. Adultery of husband or wife.



3. Cruel and abusive treatment of one spouse toward the other.



4. A judicial condemnation of either party to a prison sentence for an

infamous crime.



5. An attempt of one party on the life of the other.



6. Intentional omission of one spouse to warn the other of an attempt by a

third person on the life of the other spouse.



SEPARATION.--Judicial separations are not granted by the courts of

Roumania.



EFFECTS OF DIVORCE.--Divorced parties are forbidden to remarry each other.



A divorced woman may not marry again within ten months after her

divorcement, and the guilty party in a suit for divorce on the ground of

adultery may not marry his or her accomplice in adultery.



Otherwise divorced parties are free to marry again.



A divorced woman may not retain her husband's surname.



All property rights granted by the innocent party to the guilty party are

extinguished by the decree of divorce. The guilty party may be ordered to

contribute to the support of the innocent party.



The custody of the children is usually given to the successful suitor. The

court may, however, if circumstances require, entrust the children to the

guilty party or to a third person.