The protection of the marriage bond and polygamy in the Spanish matrimonial system Cover Image

La protezione del vincolo matrimoniale e la poligamia nel sistema matrimoniale spagnolo
The protection of the marriage bond and polygamy in the Spanish matrimonial system

Author(s): Jaime Bonet Navarro
Subject(s): Sociology
Published by: Wydawnictwo Akademii Nauk Stosowanych WSGE im. A. De Gasperi w Józefowie
Keywords: marriage; poligamy; public order; Islamic law; Spanish law

Summary/Abstract: In Spanish Law, the constitutional public order, ruled by Spanish Constitution and by Spanish Religious Freedom Act, has the consequence that it’s not possible to marry a second marriage if the fi rst one has not been dissolved before, and this is not able to do not even when it there is a religious motivation. So, monogamic marriage is recognized in Spanish Law, both in Civil as in Canonic Law, which Canonic marriage is recognized by Spanish matrimonial system. Th is protection is done by the establishment of prohibitions for contract a new marriage while the fi rst one has not been dissolved, and, also by the crime of bigamy. However, it has been admitted by Spanish Supreme Court, some legal consequences from a polygamic marriage what it could be the way for a further admission of polygamic marriage in the future. Th is work has been done inside the Proyecto I+D+I DER2015-65840-R ‘Diversidad y Convivencia: los derechos humanos como guía de acción’, del Programa Estatal de Investigación, Desarrollo e Innovación orientada a los retos de la sociedad, del Ministerio de Economía y Competitividad.

  • Issue Year: 41/2019
  • Issue No: 2
  • Page Range: 61-74
  • Page Count: 14
  • Language: Spanish
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