Studies in Roman Law : With Comparative Views of the Laws of France, England, And Scotland
Studies in Roman Law : With Comparative Views of the Laws of France, England, And Scotland
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In our eReader you can find the full English version of the book. Read Studies in Roman Law : With Comparative Views of the Laws of France, England, And Scotland Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Studies in Roman Law : With Comparative Views of the Laws of France, England, And Scotland
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The Emperor Leo the Philosopher, A.D. 886, ap- pears to have been the first who declared ecclesiastical benedic- tion necessary to marriage ; but his constitution was in force only in the Eastern empire. Among the early barbarian codes C. 5. 16. Mackeldey, 1 C. 5. 14.
1 1. 2. 7. 3.
C. 5. 3, 1 D. 24. 1.
§566.
chap, v.] FRENCH LAW OF MARRIAGE. 95 no mention is made of this ceremony ; and in the history of Gregory of Tours marriage is treated as a civil contract.
In most countries the marriage cer...emony is now performed in presence of a clergyman, and accompanied with the nuptial benediction, or other religious observances. The religious forms, however, are not essential to the validity of marriage, any further than may have been rendered necessary by the positive institutions of any particular state ; for it belongs to the secular power alone to determine what forms, if any, shall be required in addition to the consent of the parties, in order to constitute a valid marriage. Blackstone observes, "The intervention of a priest to solemnise this contract is merely juris positivi, and not juris nabwralis ant divini." 1 Before the decree of the Council of Trent, in November 1563, Decree of which declared that after that date all marriages not con- T^'iftft tracted in presence of a priest and two or three witnesses, should be void, private marriages without the intervention of the clergy were recognised throughout Christendom.
What to read after Studies in Roman Law : With Comparative Views of the Laws of France, England, And Scotland?
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To quickly assess the difficulty of the text, read a short excerpt:
The Emperor Leo the Philosopher, A.D. 886, ap- pears to have been the first who declared ecclesiastical benedic- tion necessary to marriage ; but his constitution was in force only in the Eastern empire. Among the early barbarian codes C. 5. 16. Mackeldey, 1 C. 5. 14.
1 1. 2. 7. 3.
C. 5. 3, 1 D. 24. 1.
§566.
chap, v.] FRENCH LAW OF MARRIAGE. 95 no mention is made of this ceremony ; and in the history of Gregory of Tours marriage is treated as a civil contract.
In most countries the marriage cer...emony is now performed in presence of a clergyman, and accompanied with the nuptial benediction, or other religious observances. The religious forms, however, are not essential to the validity of marriage, any further than may have been rendered necessary by the positive institutions of any particular state ; for it belongs to the secular power alone to determine what forms, if any, shall be required in addition to the consent of the parties, in order to constitute a valid marriage. Blackstone observes, "The intervention of a priest to solemnise this contract is merely juris positivi, and not juris nabwralis ant divini." 1 Before the decree of the Council of Trent, in November 1563, Decree of which declared that after that date all marriages not con- T^'iftft tracted in presence of a priest and two or three witnesses, should be void, private marriages without the intervention of the clergy were recognised throughout Christendom.
What to read after Studies in Roman Law : With Comparative Views of the Laws of France, England, And Scotland?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Mackenzie to read onlineMoreLess
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