List and explain the twelve fundamental impediments to marriage
and the six major categories why consent...
List and explain the twelve fundamental impediments to marriage
and the six major categories why consent would be considered
defective. ?
Solutions
Expert Solution
In the civil law, this term is used to signify bars to a
marriage. These impediments are classed, as they are applied to
particular persons, into absolute and relative; as they relate to
the contract and its validity, they are dirimant and
prohibitive.
1. The absolute impediments are those which prevent the person
subject to them from marrying at, all, without either the nullity
of marriage, or, its being punishable.
2. The relative impediments are those which regard only certain
persons with regard to each other; as, the marriage of a brother to
a sister.
3. The dirimant impediments are those which render a marriage
void; as, where one of the contracting parties is already married
to another person.
4. Prohibitive impediments are those which do not render the
marriage null, but subject the parties to a punishment.
Age is one impediment.Legally one cannot get married before the
of 18 years.
Prior marriage bond- If either party has a living spouse,
marriage cannot be contracted.
Without the consent of the partners and parents marriage cannot
be contracted.
One cannot marry the person from the same bloodline.
Adultery or murder is, under certain circumstances, an absolute
impediment to marriage.
Violence is occasionally an impediment. If a man compels a
woman to marry him, threatening to kill her in case of refusal, or
to do her some very serious injury, their marriage is not valid.
Her consent is extorted by force, and is not given
voluntarily.
Lack of Mental Capacity – Person must have the capacity
to:Understand what marriage is, that it is a total commitment to
one person in every way and Be willing to enter into a marriage and
consent to it.
Legal idenitification of the people should be correct,otherwise
marriage cannot be registered.
Having a criminal background cannot lead to a legal
marriage,someone who is serving sentence cannot be married.
Due to time constraints,the remaining question can be
asked as another question,thankyou
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