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108-575: The Field civil code was "thoroughly civilian in its approach and arrangement". Like the French Civil Code of 1804 and the Louisiana Civil Code of 1825, it featured the "standard tripartite Gaius system". The code also followed the civilian tradition of systematically classifying subject matter into "categories of decreasing generality, constantly proceeding from the general to the specific". However, as completed in 1865,

216-706: A learned borrowing from Latin mātrimōnium , which is derived from māter ' mother ' with the suffix -mōnium for an action, state, or condition. Anthropologists have proposed several competing definitions of marriage in an attempt to encompass the wide variety of marital practices observed across cultures. Even within Western culture , "definitions of marriage have careened from one extreme to another and everywhere in between" (as Evan Gerstmann has put it). In The History of Human Marriage (1891), Edvard Westermarck defined marriage as "a more or less durable connection between male and female lasting beyond

324-633: A 1955 article in Man , Leach argued that no one definition of marriage applied to all cultures. He offered a list of ten rights associated with marriage, including sexual monopoly and rights with respect to children, with specific rights differing across cultures. Those rights, according to Leach, included: In a 1997 article in Current Anthropology , Duran Bell describes marriage as "a relationship between one or more men (male or female) in severalty to one or more women that provides those men with

432-526: A civil code was extremely controversial in the American legal community, both in his time and ever since. Most U.S. states (as well as most other common law jurisdictions) declined to pursue such an aggressive codification. The Restatements of the Law were developed in the 20th century as a compromise between those who felt the common law was a disorganized mess and those who valued the flexibility and richness of

540-585: A civil code whose interpretations rely on both the civil and common law systems. Because Puerto Rico 's Civil Code is based on the Spanish Civil Code of 1889, available jurisprudence has tended to rely on common law innovations due to the code's age and in many cases, obsolete nature. Several Islamic countries have civil law systems that contain elements of Islamic law . As an example, the Egyptian Civil Code of 1810 that developed in

648-611: A civil law code is the Napoleonic Code (1804), named after French emperor Napoleon . The Napoleonic code comprises three components: Another prominent civil code is the German Civil Code ( Bürgerliches Gesetzbuch or BGB), which went into effect in the German empire in 1900. The German Civil Code is highly influential, inspiring the civil codes in countries such as Japan, South Korea and Switzerland (1907). It

756-449: A correlation between " Bride price " and polygamy. A survey of other cross-cultural samples has confirmed that the absence of the plough was the only predictor of polygamy, although other factors such as high male mortality in warfare (in non-state societies) and pathogen stress (in state societies) had some impact. Marriages are classified according to the number of legal spouses an individual has. The suffix "-gamy" refers specifically to

864-435: A demand-right of sexual access within a domestic group and identifies women who bear the obligation of yielding to the demands of those specific men." In referring to "men in severalty", Bell is referring to corporate kin groups such as lineages which, in having paid bride price, retain a right in a woman's offspring even if her husband (a lineage member) deceases ( Levirate marriage ). In referring to "men (male or female)", Bell

972-435: A form of human rights abuse, with concerns arising over domestic abuse, forced marriage, and neglect. The vast majority of the world's countries, including virtually all of the world's developed nations, do not permit polygamy. There have been calls for the abolition of polygamy in developing countries. Polygyny usually grants wives equal status, although the husband may have personal preferences. One type of de facto polygyny

1080-597: A form of plural mating, as are those societies dominated by female-headed families in the Caribbean , Mauritius and Brazil where there is frequent rotation of unmarried partners. In all, these account for 16 to 24% of the "monogamous" category. Serial monogamy creates a new kind of relative, the "ex-". The "ex-wife", for example, may remain an active part of her "ex-husband's" or "ex-wife's" life, as they may be tied together by transfers of resources (alimony, child support), or shared child custody. Bob Simpson notes that in

1188-403: A legitimacy-based definition of marriage is circular in societies where illegitimacy has no other legal or social implications for a child other than the mother being unmarried. Edmund Leach criticized Gough's definition for being too restrictive in terms of recognized legitimate offspring and suggested that marriage be viewed in terms of the different types of rights it serves to establish. In

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1296-571: A male to whom they are married or divorced. Polygamy is a marriage which includes more than two spouses. When a man is married to more than one wife at a time, the relationship is called polygyny , and there is no marriage bond between the wives; and when a woman is married to more than one husband at a time, it is called polyandry , and there is no marriage bond between the husbands. If a marriage includes multiple husbands or wives, it can be called group marriage . A molecular genetic study of global human genetic diversity argued that sexual polygyny

1404-579: A mixture of French and German civil law in the 19th century. After the reunification of Poland in 1918, five legal systems (French Napoleonic Code from the Duchy of Warsaw , German BGB from Western Poland, Austrian ABGB from Southern Poland, Russian law from Eastern Poland, and Hungarian law from Spisz and Orawa ) were merged into one. Similarly, Dutch law , while originally codified in the Napoleonic tradition, has been heavily altered under influence from

1512-615: A much older man. Several kinds of same-sex marriages have been documented in Indigenous and lineage-based cultures. In the Americas, We'wha ( Zuni ), was a lhamana (male individuals who, at least some of the time, dress and live in the roles usually filled by women in that culture); a respected artist, We'wha served as an emissary of the Zuni to Washington, where he met President Grover Cleveland . We'wha had at least one husband who

1620-540: A nuisance, various maxims of jurisprudence, and other miscellaneous provisions which relate "to the three preceding divisions." Although revolutionary for its time, the California Civil Code was actually the third successfully enacted codification of the substance of the common law. The first was the Code of Georgia of 1861 (largely based on the work of Thomas Reade Rootes Cobb independent of Field), which

1728-413: A person with higher or lower status than them. Others want to marry people who have similar status. In many societies, women marry men who are of higher social status. There are marriages where each party has sought a partner of similar status. There are other marriages in which the man is older than the woman. Some persons also wish to engage in transactional relationship for money rather than love (thus

1836-410: A phenomenal number of reported legal opinions . However, this tends to be uncontrolled, since there is no statutory requirement that any case be reported or published in a law report , except for the councils of state and constitutional courts. Except for the highest courts, all publication of legal opinions is unofficial or commercial. Civil law systems can be divided into: A prominent example of

1944-405: A practice called sororal polygyny ; the pre-existing relationship between the co-wives is thought to decrease potential tensions within the marriage. Fox argues that "the major difference between polygyny and monogamy could be stated thus: while plural mating occurs in both systems, under polygyny several unions may be recognized as being legal marriages while under monogamy only one of the unions

2052-515: A royal lineage by attaching these wives' children to it. The relationships are considered polygynous, not polyandrous, because the female husband is in fact assuming masculine gendered political roles. Religious groups have differing views on the legitimacy of polygyny . It is allowed in Islam and Confucianism . Judaism and Christianity have mentioned practices involving polygyny in the past, however, outright religious acceptance of such practices

2160-538: A separate code, the California Code of Civil Procedure . Civil law (legal system) Civil law is a legal system originating in Italy and France that has been adopted in large parts of the world. Modern civil law stems mainly from the Napoleonic Code of the early 19th century, and it is a continuation of ancient Roman law . Its core principles are codified into a referable system, which serves as

2268-466: A sperm donation. Muslim controversies related to Nikah Mut'ah have resulted in the practice being confined mostly to Shi'ite communities. The matrilineal Mosuo of China practice what they call "walking marriage". In some jurisdictions cohabitation , in certain circumstances, may constitute a common-law marriage , an unregistered partnership , or otherwise provide the unmarried partners with various rights and responsibilities; and in some countries,

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2376-500: A strong correlation between intensive plough agriculture, dowry and monogamy. This pattern was found in a broad swath of Eurasian societies from Japan to Ireland. The majority of Sub-Saharan African societies that practice extensive hoe agriculture, in contrast, show a correlation between " bride price " and polygamy. A further study drawing on the Ethnographic Atlas showed a statistical correlation between increasing size of

2484-449: A strong indicator for female autonomy and is continuously used by economic history research. Marriage can be recognized by a state , an organization , a religious authority, a tribal group , a local community , or peers. It is often viewed as a contract . A religious marriage ceremony is performed by a religious institution to recognize and create the rights and obligations intrinsic to matrimony in that religion. Religious marriage

2592-586: A woman such that children born to the woman are the recognized legitimate offspring of both partners." In recognition of a practice by the Nuer people of Sudan allowing women to act as a husband in certain circumstances (the ghost marriage ), Kathleen Gough suggested modifying this to "a woman and one or more other persons." In an analysis of marriage among the Nayar , a polyandrous society in India, Gough found that

2700-449: Is concubinage , where only one woman gets a wife's rights and status, while other women remain legal house mistresses. Although a society may be classified as polygynous, not all marriages in it necessarily are; monogamous marriages may in fact predominate. It is to this flexibility that Anthropologist Robin Fox attributes its success as a social support system: "This has often meant – given

2808-455: Is "a relationship established between a woman and one or more other persons, which provides a child born to the woman under circumstances not prohibited by the rules of relationship, is accorded full birth-status rights common to normal members of his society or social stratum." Economic anthropologist Duran Bell has criticized the legitimacy-based definition on the basis that some societies do not require marriage for legitimacy. He argued that

2916-505: Is a culturally and often legally recognised union between people called spouses . It establishes rights and obligations between them, as well as between them and their children (if any), and between them and their in-laws . It is nearly a cultural universal , but the definition of marriage varies between cultures and religions , and over time. Typically, it is an institution in which interpersonal relationships, usually sexual , are acknowledged or sanctioned. In some cultures, marriage

3024-410: Is also liable to other penalties, which also vary between jurisdictions. Governments that support monogamy may allow easy divorce. In a number of Western countries, divorce rates approach 50%. Those who remarry do so usually no more than three times. Divorce and remarriage can thus result in "serial monogamy", i.e. having multiple marriages but only one legal spouse at a time. This can be interpreted as

3132-658: Is based heavily on the French and Spanish codes, as opposed to English common law . In Louisiana, private law was codified into the Louisiana Civil Code . Current Louisiana law has converged considerably with American law, especially in its public law , judicial system, and adoption of the Uniform Commercial Code (except for Article 2) and certain legal devices of American common law. In fact, any innovation, whether private or public, has been decidedly common law in origin. In theory, codes conceptualized in

3240-585: Is considered mainly influenced by the German civil code and partly influenced by the French civil code. The civil code of the Republic of Turkey is a slightly modified version of the Swiss code, adopted in 1926 during Mustafa Kemal Atatürk 's presidency as part of the government's progressive reforms and secularization. Some systems of civil law do not fit neatly into this typology, however. Polish law developed as

3348-447: Is creeping into civil law jurisprudence , and is generally seen in many nations' highest courts. Some authors consider civil law the foundation for socialist law used in communist countries, which in this view would basically be civil law with the addition of Marxist-Leninist ideals. Even if this is so, civil law was generally the legal system in place before the rise of socialist law, and some Eastern European countries reverted to

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3456-717: Is different from the practice of polygamy, since it requires wealth to establish multiple households for multiple wives. The actual practice of polygamy in a tolerant society may actually be low, with the majority of aspirant polygamists practicing monogamous marriage. Tracking the occurrence of polygamy is further complicated in jurisdictions where it has been banned, but continues to be practiced ( de facto polygamy ). Zeitzen also notes that Western perceptions of African society and marriage patterns are biased by "contradictory concerns of nostalgia for traditional African culture versus critique of polygamy as oppressive to women or detrimental to development." Polygamy has been condemned as being

3564-445: Is divided into five parts: Civil law takes as its major inspiration classical Roman law ( c . AD 1–250), and in particular Justinian law (6th century AD), and further expanded and developed in the late Middle Ages under the influence of canon law . The Justinian Code's doctrines provided a sophisticated model for contracts , rules of procedure, family law , wills, and a strong monarchical constitutional system. Roman law

3672-623: Is found in other parts of the world as well (including some Mormon sects and Muslim families in the United States). In some societies such as the Lovedu of South Africa, or the Nuer of the Sudan, aristocratic women may become female 'husbands.' In the Lovedu case, this female husband may take a number of polygamous wives. This is not a lesbian relationship, but a means of legitimately expanding

3780-611: Is known variously as sacramental marriage in Christianity (especially Catholicism ), nikah in Islam , nissuin in Judaism , and various other names in other faith traditions, each with their own constraints as to what constitutes, and who can enter into, a valid religious marriage. The word marriage appeared around 1300 and is borrowed from Old French mariage (12th century), itself descended from Vulgar Latin maritāticum (11th century), ultimately tracing to

3888-627: Is most common in egalitarian societies marked by high male mortality or male absenteeism. It is associated with partible paternity , the cultural belief that a child can have more than one father. The explanation for polyandry in the Himalayan Mountains is related to the scarcity of land; the marriage of all brothers in a family to the same wife ( fraternal polyandry ) allows family land to remain intact and undivided. If every brother married separately and had children, family land would be split into unsustainable small plots. In Europe, this

3996-507: Is observed for both boys and girls, the overwhelming majority of child spouses are girls. In many cases, only one marriage-partner is a child, usually the female, due to the importance placed upon female virginity . Causes of child marriage include poverty , bride price , dowry , laws that allow child marriages, religious and social pressures , regional customs, fear of remaining unmarried, and perceived inability of women to work for money. Today, child marriages are widespread in parts of

4104-482: Is often paired with the inquisitorial system , but the terms are not synonymous. There are key differences between a statute and a code. The most pronounced features of civil systems are their legal codes , with concise and broadly applicable texts that typically avoid factually specific scenarios. The short articles in a civil law code deal in generalities and stand in contrast with ordinary statutes, which are often very long and very detailed. The civil law system

4212-595: Is recommended or considered to be compulsory before pursuing sexual activity . A marriage ceremony is called a wedding , while a private marriage is sometimes called an elopement . Around the world, there has been a general trend towards ensuring equal rights for women and ending discrimination and harassment against couples who are interethnic , interracial , interfaith , interdenominational , interclass , intercommunity , transnational , and same-sex as well as immigrant couples, couples with an immigrant spouse, and other minority couples. Debates persist regarding

4320-482: Is referring to women within the lineage who may stand in as the "social fathers" of the wife's children born of other lovers. (See Nuer " ghost marriage ".) Monogamy is a form of marriage in which an individual has only one spouse during their lifetime or at any one time (serial monogamy). Anthropologist Jack Goody 's comparative study of marriage around the world utilizing the Ethnographic Atlas found

4428-501: Is so recognized. Often, however, it is difficult to draw a hard and fast line between the two." As polygamy in Africa is increasingly subject to legal limitations, a variant form of de facto (as opposed to legal or de jure ) polygyny is being practiced in urban centers. Although it does not involve multiple (now illegal) formal marriages, the domestic and personal arrangements follow old polygynous patterns. The de facto form of polygyny

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4536-410: Is the ancestor of today's Official Code of Georgia Annotated . Then Dakota Territory beat California to the punch by becoming the first jurisdiction to enact Field's civil code in 1866. David Dudley Field II's audacity in trying to codify all of the general principles of the common law (including the law of property, domestic relations, contracts, and torts) into general statutory law in the form of

4644-464: Is the comprehensive codification of received Roman law, i.e., its inclusion in civil codes. The earliest codification known is the Code of Hammurabi , written in ancient Babylon during the 18th century BC. However, this, and many of the codes that followed, were mainly lists of civil and criminal wrongs and their punishments. The codification typical of modern civilian systems did not first appear until

4752-418: Is the most widespread system of law in the world, in force in various forms in about 150 countries. Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression "civil law" is a translation of Latin jus civile , or "citizens' law", which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples ( jus gentium ); hence,

4860-650: Is wide cross-cultural variation in the social rules governing the selection of a partner for marriage. There is variation in the degree to which partner selection is an individual decision by the partners or a collective decision by the partners' kin groups, and there is variation in the rules regulating which partners are valid choices. The United Nations World Fertility Report of 2003 reports that 89% of all people get married before age forty-nine. The percent of women and men who marry before age forty-nine drops to nearly 50% in some nations and reaches near 100% in other nations. In other cultures with less strict rules governing

4968-632: The Corpus Juris Civilis , but heavily overlain by Napoleonic , Germanic , canonical , feudal, and local practices, as well as doctrinal strains such as natural law , codification, and legal positivism . The Napoleonic Code is the most widespread system of law in the world, in force in various forms in about 120 countries. Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules . It holds case law secondary and subordinate to statutory law . Civil law

5076-556: The Bordeaux trade. Consequently, neither of the two waves of Roman influence completely dominated in Europe. Roman law was ultimately a secondary source that was applied only when local customs and laws were found lacking on a certain subject. However, after a time, even local law came to be interpreted and evaluated primarily on the basis of Roman law, since it was a common European legal tradition of sorts, and thereby in turn influenced

5184-526: The Latin maritātus 'married', past participle of maritāre 'to marry'. The adjective marītus, -a, -um 'matrimonial, nuptial' could also be used, through nominalization , in the masculine form as a noun for 'husband' and in the feminine form for 'wife'. The related word matrimony is borrowed from the Old French word matremoine , which appears around 1300 CE and is in turn ultimately

5292-564: The Napoleonic Code expressly forbade French judges to pronounce general principles of law. There is no doctrine of stare decisis in the French civil law tradition. There are regular, good quality law reports in France, but it is not a consistent practice in many of the existing civil law jurisdictions. In French-speaking colonial Africa there were no law reports and what little is known of those historical cases comes from publication in journals. Civil law codes must be changed constantly because

5400-526: The Netherlands (1838), Serbia (1844), Italy and Romania (1865), Portugal (1867) and Spain (1888). Germany (1900), and Switzerland (1912) adopted their own codifications. These codifications were in turn imported into colonies at one time or another by most of these countries. The Swiss version was adopted in Brazil (1916) and Turkey (1926). Louisiana is the only U.S. state whose private civil law

5508-534: The Oneida Perfectionists in up-state New York. Of the 250 societies reported by the American anthropologist George Murdock in 1949, only the Kaingang of Brazil had any group marriages at all. A child marriage is a marriage where one or both spouses are under the age of 18. It is related to child betrothal and teenage pregnancy . Child marriage was common throughout history, even up until

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5616-752: The legal system of Japan , beginning in the Meiji Era , European legal systems—especially the civil law of Germany and France—were the primary models for emulation. In China, the German Civil Code was introduced in the later years of the Qing dynasty , emulating Japan. In addition, it formed the basis of the law of the Republic of China , which remains in force in Taiwan. Furthermore, Taiwan and Korea, former Japanese colonies, have been strongly influenced by

5724-547: The mailbox rule that communication of acceptance is effective when dropped in the mail, which is a feature unique to the common law. The Code was first adopted in 1872 by the California State Legislature and was signed into law by then Governor Newton Booth . The Code enacted in 1872 was essentially the Field civil code of 1865, "with some changes to adapt it to previous California legislation". It

5832-501: The 1900s in the United States, where in 1880 CE, in the state of Delaware , the age of consent for marriage was 7 years old. Still, in 2017, over half of the 50 United States have no explicit minimum age to marry and several states set the age as low as 14. Today it is condemned by international human rights organizations. Child marriages are often arranged between the families of the future bride and groom, sometimes as soon as

5940-516: The British case, serial monogamy creates an "extended family" – a number of households tied together in this way, including mobile children (possible exes may include an ex-wife, an ex-brother-in-law, etc., but not an "ex-child"). These "unclear families" do not fit the mould of the monogamous nuclear family . As a series of connected households, they come to resemble the polygynous model of separate households maintained by mothers with children, tied by

6048-731: The California Codes (including the Civil Code) as "perfect in their analysis, admirable in their arrangement, and furnishing a complete code of laws", while English jurist Sir Frederick Pollock attacked the Civil Code as "about the worst piece of codification ever produced" and called it "the New York abortion" (since it was never enacted in that state). Over the years, the Civil Code has been repeatedly amended by legislation and initiative measures. A very significant change to

6156-573: The Civil Code occurred in June 1992 when nearly all of the Civil Code's provisions relating to marriage , community property , and other family law matters were removed from the Civil Code (at the suggestion of the California Law Revision Commission ) and re-enacted in the form of a new Family Code. The California Family Code went into effect on January 1, 1994. Most statutes that deal with civil procedure are codified in

6264-454: The Dutch native tradition of Roman-Dutch law (still in effect in its former colonies). Scotland 's civil law tradition borrowed heavily from Roman-Dutch law. Swiss law is categorized as Germanistic, but it has been heavily influenced by the Napoleonic tradition, with some indigenous elements added in as well. Quebec law, whose private law is also of French civil origin, has developed along

6372-399: The German civil code, roughly 30% from the French civil code, 8% from Japanese customary law, and 2% from English law . Regarding the latter, the code borrows the doctrine of ultra vires and the precedent of Hadley v Baxendale from English common law system. Some countries where civil law is practiced include: Marriage Marriage , also called matrimony or wedlock ,

6480-655: The Japanese legal system. Civil law is primarily contrasted with the English common law that influenced the legal traditions of the English-speaking countries. The primary contrast between the two systems is the role of written decisions and precedent as a source of law (one of the defining features of common law legal systems). While common law systems place great weight on precedent, civil law judges tend to give less weight to judicial precedent. For example,

6588-542: The Justinian Code's title Corpus Juris Civilis . Civil law practitioners, however, traditionally refer to their system in a broad sense as jus commune . It draws heavily from Roman law, arguably the most intricate known legal system before the modern era. In civil law legal systems where codes exist, the primary source of law is the law code , a systematic collection of interrelated articles, arranged by subject matter in some pre-specified order. Codes explain

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6696-504: The Justinian Code. Germanic codes appeared over the 6th and 7th centuries to clearly delineate the law in force for Germanic privileged classes versus their Roman subjects and regulate those laws according to folk-right . Under feudal law, a number of private custumals were compiled, first under the Norman empire ( Très ancien coutumier , 1200–1245), then elsewhere, to record the manorial —and later regional—customs, court decisions, and

6804-491: The Mormons, a home and family for every woman." Nonetheless, polygyny is a gender issue which offers men asymmetrical benefits. In some cases, there is a large age discrepancy (as much as a generation) between a man and his youngest wife, compounding the power differential between the two. Tensions not only exist between genders, but also within genders; senior and junior men compete for wives, and senior and junior wives in

6912-420: The United States, U.S. states began codification with New York's 1850 Field Code (laying down civil procedure rules and inspired by European and Louisiana codes). Other examples include California's codes (1872), and the federal revised statutes (1874) and the current United States Code (1926), which are closer to compilations of statute than to systematic expositions of law akin to civil law codes. For

7020-624: The center for women's studies at Beijing University, told a Newsday correspondent, "Walking marriages reflect sweeping changes in Chinese society." A "walking marriage" refers to a type of temporary marriage formed by the Mosuo of China, in which male partners live elsewhere and make nightly visits. A similar arrangement in Saudi Arabia , called misyar marriage , also involves the husband and wife living separately but meeting regularly. There

7128-543: The civil law system should go beyond the compilation of discrete statutes, and instead state the law in a coherent, and comprehensive piece of legislation, sometimes introducing major reforms or starting anew. In this regard, civil law codes are more similar to the Restatements of the Law , the Uniform Commercial Code (which drew from European inspirations), and the Model Penal Code in the United States. In

7236-562: The code sets out general principles as rules of law. While the typical French-speaking supreme court decision is short, concise and devoid of explanation or justification, in Germanic Europe , the supreme courts can and do tend to write more verbose opinions, supported by legal reasoning. A line of similar case decisions, while not precedent per se , constitute jurisprudence constante . While civil law jurisdictions place little reliance on court decisions, they tend to generate

7344-467: The codification of Continental European private laws moved forward. Codifications were completed by Denmark (1687), Sweden (1734), Prussia (1794), France (1804), and Austria (1811). The French codes were imported into areas conquered by Napoleon and later adopted with modifications in Poland ( Duchy of Warsaw / Congress Poland ; Kodeks cywilny 1806/1825), Louisiana (1807), Canton of Vaud (Switzerland; 1819),

7452-413: The common law. Only California, North Dakota, South Dakota, and Montana enacted virtually all of Field's civil code, while Idaho partially enacted the contract sections but omitted the tort sections. Later, Guam borrowed much of the California Civil Code for its own legal system. Justice Stephen Field (who was David Field's brother and was largely responsible for introducing his work to California), praised

7560-687: The earliest documented same-sex wedding in Latin Christendom occurred in Rome, Italy , at the San Giovanni a Porta Latina basilica in 1581. Several cultures have practised temporary and conditional marriages. Examples include the Celtic practice of handfasting and fixed-term marriages in the Muslim community. Pre-Islamic Arabs practiced a form of temporary marriage that carries on today in

7668-599: The early 19th century—which remains in force in Egypt is the basis for the civil law in many countries of the Arab world where the civil law is used— is based on the Napoleonic Code, but its primary author Abd El-Razzak El-Sanhuri attempted to integrate principles and features of Islamic law in deference to the unique circumstances of Egyptian society. Japanese Civil Code is considered a mixture drawing roughly 60% from

7776-545: The girl is born. However, in the late 1800s in England and the United States, feminist activists began calling for raised age of consent laws, which was eventually handled in the 1920s, having been raised to 16–18. Child marriages can also occur in the context of bride kidnapping . In the year 1552 CE, John Somerford and Jane Somerford Brereton were both married at the ages of 3 and 2, respectively. Twelve years later, in 1564, John filed for divorce. While child marriage

7884-430: The group lacked a husband role in the conventional sense. The husband role, unitary in the west, was instead divided between a non-resident "social father" of the woman's children, and her lovers, who were the actual procreators. None of these men had legal rights to the woman's child. This forced Gough to disregard sexual access as a key element of marriage and to define it in terms of legitimacy of offspring alone: marriage

7992-418: The group marriage, and all members of the marriage share parental responsibility for any children arising from the marriage. No country legally condones group marriages, neither under the law nor as a common law marriage, but historically it has been practiced by some cultures of Polynesia, Asia, Papua New Guinea and the Americas – as well as in some intentional communities and alternative subcultures such as

8100-572: The groups from which a partner can be chosen the selection of a marriage partner may involve either the couple going through a selection process of courtship or the marriage may be arranged by the couple's parents or an outside party, a matchmaker . Some people want to marry a person that is older or younger than they. This may impact marital stability and partners with more than a 10-year gap in age tend to experience social disapproval In addition, older women (older than 35) have increased health risks when getting pregnant. Some people want to marry

8208-423: The husband had freedom to engage in outside sexual liaisons. The Codex Theodosianus ( C. Th. 9.7.3) issued in 438 CE imposed severe penalties or death on same-sex relationships, but the exact intent of the law and its relation to social practice is unclear, as only a few examples of same-sex relationships in that culture exist. Same-sex unions were celebrated in some regions of China, such as Fujian . Possibly

8316-419: The imbalance in the sex ratios, the higher male infant mortality, the shorter life span of males, the loss of males in wartime, etc. – that often women were left without financial support from husbands. To correct this condition, females had to be killed at birth, remain single, become prostitutes, or be siphoned off into celibate religious orders. Polygynous systems have the advantage that they can promise, as did

8424-577: The judiciary was not empowered to adjudicate under the established principles of the common law of contracts - they could only apply the code as written. Codification , however, is by no means a defining characteristic of a civil law system. For example, the statutes that govern the civil law systems of Sweden and other Nordic countries and the Roman-Dutch countries are not grouped into larger, expansive codes like those in French and German law. In actual practice, an increasing degree of precedent

8532-616: The land for their realms, as when Charles VII of France in 1454 commissioned an official custumal of Crown law. Two prominent examples include the Coutume de Paris (written 1510; revised 1580), which served as the basis for the Napoleonic Code, and the Sachsenspiegel (c. 1220) of the bishoprics of Magdeburg and Halberstadt which was used in northern Germany, Poland, and the Low Countries . The concept of codification

8640-708: The late medieval period, its laws became widely implemented in the West. It was first received in the Holy Roman Empire partly because it was considered imperial law , and it spread in Europe mainly because its students were the only trained lawyers. It became the basis of Scots law , though partly rivaled by received feudal Norman law . In England, it was taught academically at the universities of Oxford and Cambridge , but underlay only probate and matrimonial law insofar as both were inherited from canon law, and maritime law , adapted from lex mercatoria through

8748-459: The laws recognize cohabitation in lieu of institutional marriage for taxation and social security benefits. This is the case, for example, in Australia. Cohabitation may be an option pursued as a form of resistance to traditional institutionalized marriage. However, in this context, some nations reserve the right to define the relationship as marital, or otherwise to regulate the relation, even if

8856-400: The legal principles underpinning them. Custumals were commissioned by lords who presided as lay judges over manorial courts in order to inform themselves about the court process. The use of custumals from influential towns soon became commonplace over large areas. In keeping with this, certain monarchs consolidated their kingdoms by attempting to compile custumals that would serve as the law of

8964-424: The legal status of married women, leniency towards violence within marriage, customs such as dowry and bride price , marriageable age , and criminalization of premarital and extramarital sex . Individuals may marry for several reasons, including legal , social , libidinal , emotional , financial , spiritual , cultural , economic , political , religious , sexual , and romantic purposes. In some areas of

9072-508: The main source of law. Eventually, the work of civilian glossators and commentators led to the development of a common body of law and writing about law, a common legal language, and a common method of teaching and scholarship, all termed the jus commune , or law common to Europe, which consolidated canon law and Roman law, and to some extent, feudal law . An important common characteristic of civil law, aside from its origins in Roman law,

9180-475: The mere act of propagation till after the birth of the offspring." In The Future of Marriage in Western Civilization (1936), he rejected his earlier definition, instead provisionally defining marriage as "a relation of one or more men to one or more women that is recognized by custom or law". The anthropological handbook Notes and Queries (1951) defined marriage as "a union between a man and

9288-407: The notion of a nation-state implied recorded law that would be applicable to that state. There was also a reaction to law codification. The proponents of codification regarded it as conducive to certainty, unity and systematic recording of the law; whereas its opponents claimed that codification would result in the ossification of the law. In the end, despite whatever resistance to codification,

9396-443: The number of spouses, as in bi-gamy (two spouses, generally illegal in most nations), and poly-gamy (more than one spouse). Societies show variable acceptance of polygamy as a cultural ideal and practice. According to the Ethnographic Atlas , of 1,231 societies noted, 186 were monogamous; 453 had occasional polygyny; 588 had more frequent polygyny, and 4 had polyandry. However, as Miriam Zeitzen writes, social tolerance for polygamy

9504-557: The original one of 1865, introducing German elements as a result of its World War II Axis alliance. This approach has been imitated by other countries, including Portugal (1966), the Netherlands (1992), Brazil (2002) and Argentina (2014). Most of them have innovations introduced by the Italian legislation, including the unification of the civil and commercial codes . Germanistic to Napoleonic influence : The Swiss civil code

9612-539: The practice of Nikah mut'ah , a fixed-term marriage contract. The Islamic prophet Muhammad sanctioned a temporary marriage – sigheh in Iran and muta'a in Iraq – which can provide a legitimizing cover for sex workers. The same forms of temporary marriage have been used in Egypt, Lebanon and Iran to make the donation of a human ova legal for in vitro fertilisation ; a woman cannot, however, use this kind of marriage to obtain

9720-683: The pre-socialist civil law following the fall of socialism, while others continued using a socialist legal systems. The term civil law comes from English legal scholarship and is used in English-speaking countries to lump together all legal systems of the jus commune tradition. However, legal comparativists and economists promoting the legal origins theory prefer to subdivide civil law jurisdictions into distinct groups: However, some of these legal systems are often and more correctly said to be of hybrid nature: Napoleonic to Germanistic influence : The Italian civil code of 1942 replaced

9828-538: The precedent of courts is not binding and because courts lack authority to act if there is no statute. In some civil law jurisdictions the judiciary does not have the authority to invalidate legislative provisions . For example, after the fall of the Soviet Union , the Armenian Parliament , with substantial support from USAID , adopted new legal codes. Some of the codes introduced problems which

9936-446: The primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England . Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent . Historically, a civil law is the group of legal ideas and systems ultimately derived from

10044-404: The principles of law, rights and entitlements, and how basic legal mechanisms work. The purpose of codification is to provide all citizens with manners and written collection of the laws which apply to them and which judges must follow. Law codes are laws enacted by a legislature , even if they are in general much longer than other laws. Rather than a compendium of statutes or catalog of case law ,

10152-537: The relation has not been registered with the state or a religious institution. Conversely, institutionalized marriages may not involve cohabitation. In some cases, couples living together do not wish to be recognized as married. This may occur because pension or alimony rights are adversely affected; because of taxation considerations; because of immigration issues, or for other reasons. Such marriages have also been increasingly common in Beijing . Guo Jianmei, director of

10260-400: The same household may experience radically different life conditions, and internal hierarchy. Several studies have suggested that the wive's relationship with other women, including co-wives and husband's female kin, are more critical relationships than that with her husband for her productive, reproductive and personal achievement. In some societies, the co-wives are relatives, usually sisters,

10368-539: The same lines, adapting in the same way as Louisiana to the public law and judicial system of Canadian common law . By contrast, Quebec private law has innovated mainly from civil sources. To a lesser extent, other states formerly part of the Spanish Empire, such as Texas and California, have also retained aspects of Spanish civil law into their legal system, for example community property . The legal system of Puerto Rico exhibits similarities to that of Louisiana:

10476-402: The society, the belief in "high gods" to support human morality, and monogamy. In the countries which do not permit polygamy, a person who marries in one of those countries a person while still being lawfully married to another commits the crime of bigamy . In all cases, the second marriage is considered legally null and void. Besides the second and subsequent marriages being void, the bigamist

10584-498: The substance of the Field civil code was "overwhelmingly, if not exclusively, that of the common and statutory law of New York in the 1860s". In that aspect, it was "by no means revolutionary but rather conservative". For example, as enacted in California, the Civil Code contains a definition of consideration , a principle in the common law of contracts which has no direct equivalent in civil law systems. Similarly, it codifies

10692-489: The three preceding divisions." Division One contains laws which govern personal rights while Division Two contains laws which govern property rights. Division Three codifies the substantive contract law of the State of California as well as various regulations relating to agency, mortgages, unsecured loans, extensions of credit, and other areas of California law. Division Four defines remedies available in lawsuits, what constitutes

10800-421: The world, arranged marriage , forced marriage , polygyny marriage , polyandry marriage , group marriage , coverture marriage , child marriage , cousin marriage , sibling marriage , teenage marriage , avunculate marriage , incestuous marriage , and bestiality marriage are practiced and legally permissible, while others areas outlaw them to protect human rights . Female age at marriage has proven to be

10908-521: The world; being most common in South Asia and sub-Saharan Africa , with more than half of the girls in some countries in those regions being married before 18. The incidence of child marriage has been falling in most parts of the world. In developed countries, child marriage is outlawed or restricted. Girls who marry before 18 are at greater risk of becoming victims of domestic violence , than those who marry later, especially when they are married to

11016-478: Was further developed during the 17th and 18th centuries AD, as an expression of both natural law and the ideas of the Enlightenment . The political ideals of that era was expressed by the concepts of democracy , protection of property and the rule of law . Those ideals required certainty of law; recorded, uniform law. So, the mix of Roman law and customary and local law gave way to law codification. Also,

11124-420: Was generally recognized as such. While it is a relatively new practice to grant same-sex couples the same form of legal marital recognition as commonly granted to mixed-sex couples, there is some history of recorded same-sex unions around the world. Ancient Greek same-sex relationships were like modern companionate marriages, unlike their different-sex marriages in which the spouses had few emotional ties, and

11232-485: Was not addressed until its rejection in later passages. They do explicitly prohibit polygyny today. Polyandry is notably more rare than polygyny, though less rare than the figure commonly cited in the Ethnographic Atlas (1980) which listed only those polyandrous societies found in the Himalayan Mountains. More recent studies have found 53 societies outside the 28 found in the Himalayans which practice polyandry. It

11340-406: Was prevented through the social practice of impartible inheritance (the dis-inheriting of most siblings, some of whom went on to become celibate monks and priests). Group marriage (also known as multi-lateral marriage ) is a form of polyamory in which more than two persons form a family unit, with all the members of the group marriage being considered to be married to all the other members of

11448-638: Was received differently in different countries. In some it went into force wholesale by legislative act, i.e., it became positive law , whereas in others it was diffused into society by increasingly influential legal experts and scholars. Roman law continued without interruption in the Eastern Roman Empire until its final fall in the 15th century. However, given the empire's influence on the continent in Late Antiquity and then multiple incursions and occupations by Western European powers in

11556-569: Was soon discovered that many more provisions of the new Civil Code conflicted with existing California statutes and case law. In 1873, Stephen J. Field , Jackson Temple , and John W. Dwinelle were appointed to a Board of Code Examiners to investigate such issues. In 1874, the legislature adopted the board's proposed amendments to the Code. The Civil Code is divided – like its civil law analogues – into four divisions: "the first relating to persons"; "the second to property"; "the third to obligations"; "the fourth contains general provisions relating to

11664-428: Was typical of human reproductive patterns until the shift to sedentary farming communities approximately 10,000 to 5,000 years ago in Europe and Asia, and more recently in Africa and the Americas. As noted above, Anthropologist Jack Goody 's comparative study of marriage around the world utilizing the Ethnographic Atlas found that the majority of Sub-Saharan African societies that practice extensive hoe agriculture show

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