Page:Catholic Encyclopedia, volume 9.djvu/746

 BSABBIAOX 693 MABSIAOX

ofvil oereiXKmy is roquired in Austria when both par- In Italy the consent of the parents or next of kin is

ties belong to no legally recognised Faith. There are required for men under twenty-five years of age and

similar provisions in Denmark, Norway and Sweden, for women under twenty-one years. Li case of r»-

Bulgaria, Finland, Croatia, Slavmiia, and Servia recog- f usal of consent, provision is made for an appeal to a

ni2e ihe religious ceremony alone. court. Foreigners desiring to marry in Italy must

In Japan a marriage code which became effective present a certificate from a competent authority that

in 1898, contains sections dealing with the laws of they have satisfied the requirements of the laws of

family and of succession. The form of ceremony is their own country. Foreigners ordtnarilv residing in

not regulated, but the marriaee itself is valid only Italy are subject to the requirements of the ItaUan

under certain conditions. The mws of countries other law. Military officials cannot marry without the

than the United States provide in a number of in- royal permission, which is not given unless they have

stances for the consent of parents or guardians after an assured income of about eight hundred dollars at

the parties have attained the age of twenty-one years, least, and have made a settlement for the benefit of

Thus in Austria parties between the age of fourteen the bride. Somewhat similar regulations are made

and twenty-four years are incapable of contracting a for lower officers and privates, in revenue service,

valid mamage without the consent of their father or, In the Netherlands the consent of parents is re-

if he be dead or incapable of acting, both of their guar- quired of an individual under thirty years of age. The

dian and of the court. Even for those who have at- marriageable age begins with men at eighteen and

tained the a^e of twenty-foiu*, but who for any reason women at sixteen. If both parents are dead or in-

are incapable of entering into a valid obligation, e. g. capacitated, an individual under twenty-one requires

if they have been legally declared spendthrifts, such the consent of a grandparent or, in default of agrand-

oonsent is necessary. In the case of minors of illegiti- parent, of a guardian and second guardian. Cheers

mate birth, the consent both of the guardian and of of the army and navy require the consent of the sov-

the coiurt is requisite. In general, persons in military ereign before they can marry, and no man between the

service cannot contract a valid marriage without the ages of eighteen and forty may marry unless he has

written permission of their superiors. A law of 1889 proved he has performed military service or has been

provides that a man shall not be permitted to marry excused from it.

before reaching the age of military service, or before In Switzerland the consent of parents is required of

leaving the third aj^e class, i. e., at the age of twenty- all persons under twenty years ofage. The consent of

three years. In France the man must be at least parents is required also in Belgiiun of all persons under

eighteen years of age and the woman fifteen to con- the age of twenty-five, the law being somewhat simi-

tract a valid marriage, unless the President of the Re- lar to that of France.

public grants a special disp^isation. By a law dated In Russia children must obtain the consent of their

25 June, 1907, parental consent is no longer required parents if living, without regard to their age, a man

for men and women over twenty-one years of age, but attaining the marriageable age at eighteen and a

both men and women under thirty must ask for it and woman at sixteen.

serve upon the dissenting parent or parents an instru- In D^imark the marriageable age is twenty for men

ment requesting it. The parties may marry three and sixteen for women, and consent of parents must

days after service has been made. Under the law be obtained by minors under the age of twenty-five.

grevious to that date, men under the age of twenty- In Sweden females under the age of twenty-one ro- ve and women under the age of twenty-one could not quire the consent of a marriage guardian, usually her marry without the consent of their parents, or the sur- ntther or brother or some other male relative. Men vivor if one of them was dead. require no parental consent. Men may marry at the In England the common law rule of fourteen for age of twenty-one or over, and women at l^e age of males and twelve for females governs the marriage seventeen or over.

age. Consent of parents is necessury for persons In Norway the marriageable age for men is twenty

under twenty-one, except for a widow or widower, and for women sixteen. ParentaTconsent is necessary

The proper person to give consent is the father or, if he for both parties under the age of eighteen,

be dead, the mother, if unmarried, or finally a guar- Parental consent appears to be necessaiy, under cer-

dian appointed by the Court. Soldiers must get the tain conditions, in all European coimtries where the

consent of their commander. Violation of these pro- parties are under the age of twenty-one and in many

visions does not, however, invalidate the marriage; where they are liable to militaiy serviee. In Japan

but in case of soldiers the woman is not recognized as the consent of parents or of the family council is essen-

having a military status. In Scotland the impedi- tial to the marriage of a man under thirty and of a

ments are the same as in England, but no consent of woman under twenty-five. The marriage laws of the

parents or guardian is required. Regular marriages different Canadian provinces are not uniform but are

are celebrated by some minister of religion in the pres- quite similar. The minimum age for marriage in the

enoe of at least two witnesses, after the publication of Province of Quebec is fourteen for males and twelve

banns or issuance of registrar's certificate. Irregular for females. Parental consent is necessary for any

marriages are clandestine marriages, celebrated with- one under twenty-one years of age. In Quebec alone

out publication of banns or notice to the registrar, of the Canadian Provinces ill^timate children are

Such marriages may be made by mere consent without legitimated by the marriage of their parents. The

a clergyman and are valid. In Ireland provisions laws of Australia and New ^aaland are based upon the

are made for marriages by Episcopalians, Catholics, English statutes and common law.

and Presbyterians, by ministers of other denomina- Bishop, Afarruv*. Divorce and Sepwniion (Chieago, 1891);

tions, and by the civil registrars. The impediments to ^^m. and Eng. Ene, of Lav, s. v. Marriaoe; Bouyzbs, Law IH>

marriage are substantiaUy the same as in England. ?SS?'^ !P^*^ ^S""^ of the Census Office (Washington. 1867-

T rr ^ ZT^ «"^ oc***^ «o 1** ^A^««uu. jgQg^ Pai,rt I), with a valuable summary of the mamage and

In tiermany a man may not marry, except m un- divorce laws of all modern States, from which the foregoing

usual cases, imder the age of twenty-one or a woman ^ets in relation to foreign countries have been derived,

under the age of sixteen. A le^tunate child under Walter George SMrrn. the age of twenty-one must obtam the consent of the

father or, if he be dead, of the mother- an illegitimate Maiiiage, Hibtort of. — The word marriage may

child, the consent of the mother; an adopted child, the be taken to denote the action, contract, formiUity, or

consent of the foster parent. Military men, public ceremony by which the conjugal union is formed, or

officials, and forei^ers, before marriage, must obtain a the union itself as an enduring condition. In thiB

snecial permit, and militaiy men in active service must article we deal for the most part with marriage as •

also obtain the consent of their officers. condition, and with its moral and social aspects. It is