- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
150

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

§122.
Marriage
does not
involve the
Common
Ownership
of Property.

they are at liberty to contract a marriage. This rule does not apply
to Elective Consular Officers.

The marriage contract does not involve the common ownership
of any property belonging to the parties, either of whom may hold or
acquire property on his or her own behalf, in which the other has no
right.1 A bride’s dowry, and any other property she may acquire in
her own right during her married life, whether by purchase, or deed of
gift, or by inheritance or any other lawful means, are regarded by
the law as her own private property.2

Any agreement or understanding between the parties to a marriage
contract which provides for the separate residence of the parties, or
in any way involves the suspension of conjugal relations, is prohibited
by law. Officers of the Civil Service, including Consular Officers, are
strictly forbidden to attest, or to countenance in any other way, deeds
or agreements which contain such provisions.3

The rights of a couple of Russian nationality residing in Great
Britain, regarding the movable property of each other, whether
possessed at the time of the marriage, or acquired afterwards is governed
according to English Law by the law of the husband’s domicile,
at the time of the marriage, provided that there is no special settlement
or contract in existence regulating the rights of the parties. In this
latter case, that settlement or contract must be observed. The
term " domicile " is not identical with the term " residence," since
the former has the meaning of permanent home. The law attributes
to every person a domicile, called " a domicile of origin " in the country
in which his parents were domiciled at the time of his birth, and he
retains this domicile until he acquires another.

If at the time of the marriage the domicile of the husband is in
England, and if the marriage has taken place after the year 1882, and
if there are no settlements or contracts relating to the parties, then,
according to English Law, the Married Women’s Property Act of 1882
applies to the case, and property devolving upon the wife after marriage
is held by her for her separate use.

CHAPTER V.—Divorce of Russian Subjects.

§ 123.
Dissolution
of Marriage
according to
the Laws of
the
Orthodox Church.

Marriages of Russian subjects can only be dissolved by the competent
authorities of the Russian Empire. If either of the parties belongs
to the Greek orthodox faith, the marriage can only be dissolved by the
Holy Synod at Petrograd, in response to a petition to that effect,
accompanied by the certificates of baptism and marriage of the parties.

According to the laws of the Orthodox Greek Church, marriages
of members of that church can be annulled on the following grounds4:—

I. The presence of force, fraud or coercion in effecting the ceremony,
or if one or other of the parties is insane or of weak mind ;

1 Code of Civil Laws, Art. 109.

Ed. 1900, Art. 76.

2 Ibid,., Art. 10. 3 Code of Civil Laws,
Code of Civil Laws, Art. 37.

§§ 122, 123.

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