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P. v., Сн. IV. MARRIAGE OF RUSSIAN SUBJECTS ABROAD. 143
Under the former heading are the following:—
1. Marriages which have been concluded by applying violence,
or, if one of the two parties is of unsound mind.
2. Marriages of persons who stand in a degree of consanguinity,
affinity, or spiritual relationship to each other, which according to
rules of the Church exclude the possibility of a lawful marriage.
3. Marriages of persons who have already contracted another
lawful marriage which has not been lawfully completed or dissolved
by the ordained spiritual authorities of their creed.
4. Marriages of persons who after the lawful dissolution of their
previous marriage, have been forbidden to marry again.
5. Marriages of persons who have not reached the age at which
the Church allows the marriage, or, who are older than 80 years of
age, or, who have married for the fourth time.
6. Marriages of persons who belong to monastic orders, or, who
are consecrated to any priestly or diaconal office.
7. Marriages of persons who belong to the Russian or Greek
Orthodox faith with persons who are not Christians. If the
non-Christian party subsequently joins the Christian faith, the marriage
is valid, when consent of the proper Church authorities has been
obtained.1
Other obstacles to marriage have not the effect of making it invalid :
for instance, cases in which marriage has been concluded without the
consent of the parents, guardians or trustees of the contracting parties
—or, the superiors of the husband if he is a State employee.
When Roman Protestants have been divorced on the ground of
desertion, in accordance with Art. 331, 374 and 375 of the Regulations
of the Lutheran Evangelical Church in Russia,2 the party who has
been found guilty is allowed to marry again after three years have
elapsed, and after having obtained the consent to do so, from the
Consistory General of the Lutheran Evangelical Church in Russia,
and also from the party who has been deserted.3
If a marriage is concluded without observing these conditions, it
is considered valid provided that its legality is not contested by the
interested party. If it be contested, the marriage is declared to be
null and void by the competent Consistory of the Lutheran Evangelical
Church. The provisions are enforced on the marriages of persons
of all Christian denominations in so far as they coincide with the
recognised laws of their creed.*
If the contracting parties are members of the same religious
community the marriage ceremony must be performed according to the
ritual of their particular creed.5 If either of the parties to the marriage
belongs to the Russian or Greek Orthodox Church, the ceremony must
be performed according to the rites of that church, although the
parties are not forbidden to further celebrate the marriage in a church
or chapel of another Christian faith.6 If the contracting parties
1 Code of Civil Law, Ed. 1900, Art. 37.
2 Svod Zakonov, Vol. XI., Part I., 1896.
3 Art. 331 of the Regulations of the Lutheran Evangelical Church in Russia.
4 Code of Civil Law, Ed. 1900, Art. 62.
5 Code of Laws relating to the Civil Estates, Art. 61 and 65.
6 Code of Civil Law, Ed. 1900, Art. 67, аііпёа 3.
§113.
§113,
Mixed
Marriages.
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