- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
142

(1916) Author: Alfons Heyking - Tema: Russia
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142 MARRIAGE OF RUSSIAN SUBJECTS ABROAD. P. v., Сн. iv.

§111.
Marriage
must be in
accordance
with National
Law of the
husband.

§112.
The Russian
Civil Laws
as to

Marriage.

does not belong to the Diplomatic body, it is necessary to observe
the requirements of the local law as well as the law of the nationality
of the bridegroom.1 Maniages of Russian ladies with foreigners must
be concluded in accordance with the law of the nationality of the
husband, under the law of the country in which the marriage is
contracted, and also in accordance with the requirements of the Russian
law, if such a marriage is to be recognised in Russia. For instance,
when a Russian lady marries a foreigner abroad by civil marriage,
they cannot be recognised as legally married in Russia.

A marriage, therefore, which is contracted by a Russian subject
in fraudem legis, i.e. in opposition to the laws of his native country,
cannot be recognised as valid in Russia. It is, therefore, important
that Russian Consular Officers should be able to supply all persons
applying to them with correct and adequate information as to the
legal requirements in respect of marriage according to Russian
law.

The Russian Code of Civil Law contains the following provisions,
according to which, in the case of marriage of Russian subjects, it
is required :—

1. That neither the parties be married after having taken vows
of a monastic order, or having been ordained priest or deacon
recognised by the Greek Orthodox Church.2

2. That the bridegroom be not under 18 and the bride not under
іб3, and that neither of them be over 8o years of age.4 An exception
to this provision is made in the Caucasus where the bridegroom must
not be younger than 16 and the bride must not be younger than 14
years of age.

3. That neither of the parties be either insane or of weak mind.5

4. That the marriage be contracted with the consent of the parents,
guardians or trustees of the parties.6

5. That individuals in the employ of the State, whether civil or
military, possess the written sanction of their superiors.7

6. That the marriage be contracted with the mutual and
independent consent of both parties.8

7. That neither of the parties has been married before, unless he
or she be legally divorced,9 or has become a widow or a widower.

8. That neither of the parties has been previously more than
twice married.10

9. That the parties be not related to each other by any of the
bonds of consanguinity, affinity, or any tie of spiritual relationship
constituting an obstacle to marriage according to the laws of the
church.

The obstacles to marriage must be divided into two classes. They
have the force of invalidating the marriage, or they have not that
force, and involve only certain punishments to the parties.

1 Ukas of His4Imperial Majesty the Autocrat of all the Russias, as
promulgated by the II. Expedition of the Spiritual Consistory of the Russian Orthodox
Church.

2 Code of Civil Law, Ed. 1900, Art. 2. 3 Ibid., Art. 3. 4 Ibid., Art. 4.

6 Code of Civil Law, Ed. 1900, Art. 5. 6 Ibid., Art. 6. 7 Ibid., Art. 9.

8 Ibid., Art. 12. 9 Ibid., Art. 20. 10 Ibid., Art. 21.

§§ 122, 123.

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