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NON-CATHOLIC RELIGIOUS MARRIAGES IN SPAIN 1

NON-CATHOLIC RELIGIOUS MARRIAGES IN SPAIN 1 I. INTRODUCTION AND SOURCES In Spain, we can say that in less than one hundred years the marriage system has changed from compulsory civil marriage in 1870, to the subsidiary civil marriage found in our first article 42 of the Spanish Civil Code, then back again in 1932 to compulsory civil marriage, and in 1938 to a new subsidiary civil marriage2. But the changes do not stop there. Since then, but mostly since 1967, marriage law has moved toward a facultative civil marriage. And in 1978, in line with the Spanish Constitution, the main principles that govern this subject are laicism and religious freedom in two senses: the right to practice and the freedom of belief and thought. In short, religious freedom in all senses. The constitutional sources that made possible the development of several accords or covenants with the representatives of different religions are article 14, which declares that all religions have the same rights, and article 16 which requires equal legal treatment and states the bases thereof . Both articles are modeled on the Universal Declaration of Human Rights (article 18), the International Convention on Civil and Political Rights (article 18), and the European Convention on http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Spanish Yearbook of International Law Online Brill

NON-CATHOLIC RELIGIOUS MARRIAGES IN SPAIN 1

Spanish Yearbook of International Law Online , Volume 2 (1): 13 – Jan 1, 1992

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6125
DOI
10.1163/221161292X00022
Publisher site
See Article on Publisher Site

Abstract

I. INTRODUCTION AND SOURCES In Spain, we can say that in less than one hundred years the marriage system has changed from compulsory civil marriage in 1870, to the subsidiary civil marriage found in our first article 42 of the Spanish Civil Code, then back again in 1932 to compulsory civil marriage, and in 1938 to a new subsidiary civil marriage2. But the changes do not stop there. Since then, but mostly since 1967, marriage law has moved toward a facultative civil marriage. And in 1978, in line with the Spanish Constitution, the main principles that govern this subject are laicism and religious freedom in two senses: the right to practice and the freedom of belief and thought. In short, religious freedom in all senses. The constitutional sources that made possible the development of several accords or covenants with the representatives of different religions are article 14, which declares that all religions have the same rights, and article 16 which requires equal legal treatment and states the bases thereof . Both articles are modeled on the Universal Declaration of Human Rights (article 18), the International Convention on Civil and Political Rights (article 18), and the European Convention on

Journal

Spanish Yearbook of International Law OnlineBrill

Published: Jan 1, 1992

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