Divorce problems of to-day / by E.S.P. Haynes.

  • E. S. P. Haynes
Date:
1912
Catalogue details

Licence: In copyright

Credit: Divorce problems of to-day / by E.S.P. Haynes. Source: Wellcome Collection.

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    domicil. The medieval system still survives in our jurisprudence, and gives rise to the anomaly which has now been abolished only in regard to Colonial marriages with a deceased wife’s sister. It is not, however, entirely clear whether the English law of real property was ever in fact properly invoked, and the Act itself begins with a statement that its purpose is to remove any doubts. In all questions which involve our Courts recognising the validity of any given marriage the doctrine has constantly been laid down that the capacity for contracting any marriage depends exclusively on the domicil of the person. In his Conflict of Laws Mr. Dicey writes that in its widest scope the old prohibi- tion of English law against marriage with a deceased wife’s sister, and the existing pro- hibitions, e.g. against marriage with a deceased husband’s brother, applies to all persons, whether British subjects or aliens, domiciled in England, and to such persons only.1 This doctrine holds good of all marriages, except marriages in polygamous countries, or marriages “ stamped as incestuous by the general consent of Christendom.” Marriages between a brother and sister would presumably fall within this definition, but an Italian marriage with a i Conflict of Laws, p. 645. Note 1.
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