Aspecte privind unele situaţii particulare întâlnite în legislaţiile străine referitoare la condiţiile de fond necesare încheierii valabile a căsătoriei
Aspects on Some Particular Situations in Foreign Legislation Relating to the Esential Conditions Applicable to the Validity Of Themariage

Summary/Abstract: Undeniably, each state, as per its geographical area, historical and religious traditions, social and politically related realities that are present during such settlement of regulations, the level of culture and civilization of each nation, sets its own rules on legislation matters therefore, the same applies with regard to the institution of marriage. Without claiming that the present thesis covers all the particular cases stipulated in other states’ legislation, we will emphasize several particularities of the comparative law regarding the basic conditions required by the law for validly concluding a marriage. Thus, we will refer to the “posthumous marriage” from the French legislation (article 171 French Civil Code), the polygamous marriages, validly concluded abroad, causing some effects on the French territory (as compared to the Romanian legislation which does not validate these marriages), the marriage of a mentally alienated person which is exceptional in the French law [article 460 paragraph (1) French Civil Code], the acceptance as valid of the marriage conclusion between 3rd degree relatives (uncle-niece, aunt-nephew) but also between first cousins (4th degree relatives) in the legislation of the Republic of Moldova [article 15 paragraph (1) Family Code], the acceptance of the marriage between two same-sex persons in a continuously enlarging number of states all around the world, the particular case specific to the Muslim law system which forbids the marriage with a girl under 18 years old if the age gap between her and her husband is above 20 years (article 7 of Law no. 82/2001 of the Hashemite Kingdom of Jordan) etc.

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