Spain

: Japanese Fairy Tales

Spain is a constitutional and hereditary monarchy, the powers of which are

defined by the fundamental law of June 30, 1876. The legislative authority

is exercised by the sovereign in conjunction with a parliamentary body

called the Cortes, which is composed of two houses, a Senate and a Chamber

of Deputies.



Spanish law is founded on the Roman law, the Gothic common law, the

National Code of 1501, and the ivil Code of 1888, with its subsequent

amendments and additions.



Spanish law is binding in the Spanish Peninsula and adjacent islands, the

Canary Islands and such African territory as is subject to Spain.



MARRIAGE.--The law recognizes two forms of marriage: the canonical, which

all who profess the Catholic religion should contract; and the civil,

which must be celebrated in the manner hereinafter stated.



Marriage is forbidden to:



1. Minors who have not obtained parental consent.



2. To a widow, during the three hundred and one days following the death

of her husband or before childbirth, if she has been left pregnant.



3. To a guardian and his or her descendants, with respect to persons who

are the wards of such guardian until the ending of the guardianship, and a

proper accounting has been rendered by the guardian. An exception to this

rule exists when the father of the ward has in his will or in a public

instrument expressly authorized such a marriage.



AGE.--A male cannot marry until he has completed his fourteenth year of

age; a female until she has completed her twelfth year.



Marriage contracted by persons under puberty shall, nevertheless, be ipso

facto made legal if a day after having arrived at the legal age of

puberty, the parties continue to live together without bringing a suit to

set aside the marriage, or if the female becomes pregnant before the legal

age, or before the institution of a suit for annulment.



Persons who are not in the full exercise of their reasoning faculties

cannot contract marriage.



The law forbids the marriage of all those who suffer from absolute or

relative impotency.



Priests and all other persons bound by a solemn pledge of celibacy in the

approved canonical manner are forbidden to contract marriage, unless they

have first received the necessary canonical dispensation.



Persons already lawfully married cannot contract a new marriage.



CONSANGUINITY AND AFFINITY.--The following persons cannot contract

marriage between themselves:



1. The ascendants and descendants by legitimate or illegitimate blood or

affinity.



2. Collaterals by legitimate consanguinity up to and including the fourth

degree.



3. Collaterals by legitimate affinity up to and including the fourth

degree.



4. Collaterals by natural consanguinity or affinity up to and including

the second degree.



5. The adopting father or mother and the adopted child; the latter and the

surviving spouse of the adoptees, and the adopters and the surviving

spouse of the adopted.



6. The legitimate descendants of the adopter with the adopted, while the

relation of adoption continues.



7. Accomplices in adultery who have been judicially sentenced.



Those who have been condemned as principals, or principal and accomplice,

in the homicide of the spouse of any of the parties cannot conclude

marriage between themselves.



The government for sufficient cause will, on petition of a party, grant a

dispensation permitting marriage between collaterals by legitimate

consanguinity within the fourth degree. Other dispensations may also be

granted on a proper petition.



PARENTAL CONSENT.--The consent of the father is required for the marriage

of a legitimate minor; in his default, or where he cannot consent, the

power to grant it devolves, in this order: upon the mother, the paternal

and maternal grandparents, and in default of all these, upon the family

council.



Recognized natural children or children legitimatized by royal concession

must ask the consent of those who have recognized or legitimatized them or

of their ascendants, or of the family council.



Adopted children must ask the consent of the adopting father, and in his

default, of the persons of the natural family upon whom it may devolve.



Unrecognized illegitimate children must ask the consent of their mother,

when she is known, and in her default consent must be asked of the

maternal grandparents, and in their default, that of the family council.



Children of age are obliged to ask the advice of the father, and in his

default, of the mother before contracting marriage. In case the advice

given is against the proposed alliance, the marriage cannot be celebrated

until three months after the petition is made.



Marriage in Spain is dissolved absolutely only by the death of one of the

parties.



CANONICAL MARRIAGE.--The requisites, form and solemnities for the

celebration of canonical marriage is governed by the laws of the Catholic

Church, and by the decrees of the Holy Council of Trent, which are

accepted as part of the organic law of Spain. Canonical marriage produces

all the civil effects in respect to persons and property of the spouses

and their offspring. A magistrate is required to be present at the

celebration of a canonical marriage simply for the purpose of making a

verified record in the Civil Registry of the marriage. So that he may be

present for the purpose above stated, the magistrate must be given notice

in writing twenty-four hours at least before the intended celebration,

telling him of the day, hour and place of the marriage.



Persons who contract canonical marriage in articulo mortis may give

notice to the officials in charge of the Civil Registry, at any time

whatever prior to its celebration, and prove in any manner whatever that

such duty has been performed.



CIVIL MARRIAGE.--A civil marriage must be preceded by a declaration to the

Municipal Judge, stating the names, ages, professions and domiciles of the

contracting parties; also the names, professions and domiciles of the

parents; and proper certificates of the births and status of the

contracting parties; certificates of consent or advice of parents, and

dispensations when required.



Marriages may be celebrated personally or by a substitute or proxy to whom

a special authorization has been granted.



Civil marriages must be solemnized by the contracting parties appearing

before the Municipal Judge, or one of them, and the person whom the

absent party may have appointed as proxy must appear before such

magistrate, together with two competent witnesses.



The Municipal Judge, after reading articles 56 and 57 of the Civil Code to

the parties (which point out the rights and obligations of married life),

must ask each party if they desire to be married to each other, and if

both answer in the affirmative, the judge shall declare the parties to be

husband and wife, and prepare a record of the marriage.



Consuls and vice-consuls are empowered to exercise the function of

municipal judges in marriages of Spaniards, celebrated in foreign

countries.



NULLITY OF MARRIAGE.--The following marriages are null and void:



1. Those concluded between persons related within the prohibited degrees.



2. Those concluded between persons under the age of puberty.



3. Marriages between persons, one or both of whom were of incurably

unsound mind.



4. Incurably impotent persons.



5. Persons bound by canonical vows to chastity.



The proceeding to have such marriages judicially declared as null may be

instituted by either spouse, the Public Attorney, or by any interested

person.



The action lapses, and the marriage will be confirmed in cases based on

abduction, error, force or fear, when the spouses have lived together six

months after the error became known, or after the force or fear has

ceased.



DIVORCE.--A divorce in Spain only amounts to what in other countries is

called a judicial separation. Accepting the decrees of the Council of

Trent as law for Spain, marriage is treated as a sacramental contract

which can only be dissolved by death.



The Civil Code, Article 104, states the following causes for divorce:



1. Adultery on the wife's part.



2. Adultery on the part of the husband, when public scandal or disgrace of

the wife is a result.



3. Violence exercised by the husband over the wife in order to force her

to abandon her religious faith.



4. Cruelty actually inflicted, or grave acts of contumely.



5. The attempt or proposal of a husband to prostitute his wife.



6. The attempts of either husband or wife to corrupt the morals of the

sons, or to prostitute the daughters.



7. Condemnation of either spouse to imprisonment for life.



EFFECTS OF DIVORCE OR NULLIFICATION.--The civil effects of a divorce or

annulment of marriage are as follows:



1. Separation of the parties.



2. To place the custody of the children with one or both of the parties,

as justice may require.



3. To determine the responsibility for the support of the woman and

children.



4. To place the woman under the special protection of the law.



5. To decree the necessary measures to prevent the husband, who may have

given cause for divorce, or against whom the petition for nullity of the

marriage has been instituted, from interfering with the wife in the

administration of her separate property.



HUSBAND AND WIFE.--The spouses are under mutual obligation to live

together, to be faithful to, and help each other. The husband is bound to

protect his wife and the wife to obey her husband.



The wife is required to follow her husband wherever he may establish his

residence. The courts, however, will in some cases release her from this

requirement when the husband changes his residence to a foreign land.



The husband is the manager of the property of the conjugal union, except

when there is a mutual agreement to the contrary.



The husband is the legal representative of the wife. She cannot, without

his permission, appear in a suit by herself or through an attorney.

However, she does not need such permission to defend herself in a criminal

case or to bring a suit against her husband, or to defend herself in a

suit brought by her husband against her.



A wife cannot, without her husband's permission, acquire property in trade

or by her labour. Neither can she, without such consent, alienate her

property.



The wife can, without her husband's permission, perform the following

acts:



1. Execute a will.



2. Exercise the rights and perform the duties which pertain to her with

regard to legitimate and recognized illegitimate children, the issue of

herself and another not now her husband.



FOREIGN MARRIAGES.--The Spanish courts recognize as valid in Spain any

marriage performed in a foreign country in accordance with the laws of

such country, provided such marriage also meets with all the requirements

of the Civil Code of Spain.