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.