CRIMINAL LAW

Criminal law and General Principles

Criminal law and General Principles

Law and Legal Issues

Unit 1

Marriage Law

The paper will address the importance of marriage law. Our society has several laws and regulations, which include traffic law, residential law, tort laws, etc. Marriage has also some laws and regulations that has to be complied with the two parties agreeing to marry each other. This law comes under the family law. There are many conflicts in marriages, as people do not handle these issues by their selves, judiciary has to intervene and solve their problem, because of the unbiased decisions. The marriages have several issues of divorce, child custody and other. For solving these problems the marriage law is necessary. In heterosexual marriage there are many cases of artificial insemination for a long time. And in those cases the child is born the father legally becomes the husband, i.e. the child is from that marriage. The problem that is happening is when there is registration of a marriage of two persons of the same sex, for example the case of two women, which one gave birth through artificial insemination. Because the Civil Registration Act says that motherhood will be registered in respect of that child as the mother is giving birth. So the question that arises is: what about the spouse's child? What is the legal relationship? And the problems will start to arise where issues such as food, visitation, possession for separation, housing, inheritance rights, with respect to that child's relationship with the spouse who is not biologically fathered. Is currently discussing whether there is a subsidiary or not, because it was not prescribed by law, legislators did not consider these situations. These are some common problem with the marriages and same sex marriages. The significance of marriage law is that both the parties agree the decision of the court. They did not argue they have to agree to decision or they have option to go to the higher court. If there would be no marriage law there would be increased conflicts and it could have resulted adversely (Jacobs, 1998, p. 99-103).

Dissolution of Marriage

Divorce dissolves the marriage and leaves spouses in a position to remarry, within the limits established in this Code. Similarly, one cannot marry when the case of divorce is in the court. The judgment of the court is important for dissolution of marriage.

Death of a spouse

With death dissolves the marriage, but not all effects cease. The surviving spouse retains a number of rights, such as hereditary, the survivor's pension, temporary prohibition of contracting a new marriage.

Declaration of presumed death

It is equated with death, but if the presumed dead return the marriage contract is void

Divorce

With divorce the marriage dissolves or civil effects of marriage cease concordat

Existence of a Previous Marriage

The existence of a previous marriage, civil or religious, is an impediment to getting a second or subsequent marriage without first having dissolved or declared null precedent, which is punishable by the laws of almost all countries of ...