Marriage: The introduction
MARRIAGE: INTRODUCTION .
divorce. right. right. amicable divorce.
There is no legal definition for marriage.
divorce
This can be analyzed as the union of one man and one woman entered into legal form and solemn, to create between spouses and in respect of the unborn, legal status.
divorce amicably
It is to be sustainable in principle and final. However, there can be terminated voluntarily in cases specifically determined by law (divorce) unless its dissolution does for its natural cause: the death of a spouse.
divorce amicably
1) Marriage is different from common law or cohabiting: state of a man and woman living together.
Devoid of legal organization, "cohabitants to pass the law, the law happens to them."
positive law nevertheless recognizes concubinage legal effect, provided, in civil matters, have a certain stability which implies marital community. Thus
: divorce
- As between cohabitants.
* In case of rupture right to compensation if, initially, there were fraudulent seduction by promise of marriage or even consideration of special circumstances that could have caused the breakup of the couple, and in any event, a natural obligation to repair.
* If cohabitants have exercised a trade, the right sees them the existence of a de facto partnership. * Donations
between cohabitants are valid unless unlawful.
* Ability to take certain protective measures in the social field, for example, right at the single wage allowance or entitled to payment of death benefits from Social Security.
amicable divorce
- As between the children.
* The action to establish paternity is possible, if there has been cohabiting during the legal period of conception.
* The parents of children who have recognized may jointly exercise parental authority over the child (Law of January 8, 1993).
divorce amicably
- Relations with third parties.
* If cohabitants themselves as husband and wife, third parties that have provided services in the interest of the false household may continue or unmarried partners.
* If a fatal accident caused by one third to one potential cohabitants for the other to obtain compensation for damage that in turn causes him to death.
divorce. Divorce
2) Marriage is often preceded by the betrothal.
customary but not mandatory: they must not weigh on the principle of freedom of marriage. She did, in themselves, no legal value and therefore do not constitute a contract. But the Court accepts
allocation domage and interests, in case of injury for breach of engagement, or in case of moral or material injury caused by accidental death ocasionné, to another, by a third party (injury indirectly).
It bases its position on the concept of natural obligation to justify itself the right to compensation and the granting of interest-domage transforming into a civil obligation that must be enforced as such.
the law of divorce. divorce. Divorce
3) The marriage brokerage:
Act of June 25, 1985 supplemented by the Decree of 16 May 1990 regulates the brokerage marital contract that pass for compensation with the Marriage agencies of marriage applicants to meet before lead to the achievement of a marriage or a stable union.
The marriage brokerage contract is valid, but must meet formal requirements, advertising and delay. The contractor has a right of withdrawal for 7 days after signing the contract.
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