Divorces
- Sommaire:
- 1 Divorces
- 2 Divorce and Religion
- 2.1 Judaism
- 2.2 Christianity
- 2.3 Islamic law
- 3 History
- 3.1 In ancient
- 3.2 Middle Age
- 3.3 Divorce in France since the Revolution
- 3.3.1 Revolution and Empire
- 3.3.2 Restoration to the Second Empire
- 3.3.3 Third Republic
- 3.3.4 Vichy
- 3.4 Fourth Republic
- 3.5 Contemporary
Divorces
The hallucination is a psychiatric disorder of perception, which is binding on the conscience of the patient, who is accompanied by an unshakable conviction, which is difficult given to the doctor because of a reluctance of the patient.
Neurology in the patient who has hallucinations and sensory perception to personality and mental structure normal: it has a critical attitude, he was surprised or complain spontaneously of his hallucinations.
In psychiatry, however, hallucination belongs to the realm of delusion unwavering belief that defies logic and any critical attitude.
Chronic hallucinatory psychosis in humans begins between 30 and 40 years later in women around age 50. In the months before, there are often a triggering event: professional difficulties, economic, illness, divorce, bereavement …
Divorce and Religion
Choose to marry religiously gives a spiritual dimension to the ceremony.During the marriage, the couple solemnly promise before God to love and to remain faithful throughout life. But over time, love can crumble, the couple beat the wing or the spouses find that they were wrong. They can then consider a separation. In most religions of non-consummation of marriage is a cause for annulment of marriage. Consumption is defined as sexual intercourse between spouses.
Judaism
Judaism accepts the repudiation and divorce, but seeks, where possible, to limit the practice.
Divorce is only given by the husband. It can only do so if his wife is consenting. It can not, under any circumstances, do so under duress or influence. It therefore requires the agreement of both parties, unlike a persistent belief, one that ‘gives’ and one who ‘accepts’.
In some cases specific, verifiable by at least two witnesses before the rabbinical court of competent jurisdiction (Beth Din), divorce is even a requirement. However, all witnesses are not eligible.Indeed, they must have a reputation and a flawless practice of Judaism. All the ins and outs of the cases are studied carefully.
Christianity
The Catholic Church considers the sacrament of marriage as indissoluble until death because the love of the spouses requires, by its very nature, unity and indissolubility of their community who embraces their entire life .. And canon law states that ratified and consummated marriage can be dissolved by any human power or by any cause other than death .. If marriage is not consumed can be dissolved by the Roman Pontiff for a just cause, at the request of both or one, even against the will of another. Canon law refers to ‘recognition of invalidity of the sacrament of marriage’ under certain conditions (eg lack of consent).
Islamic law
Both men and women have the possibility of divorce in Islam.Islam knows repudiation of women by men but also, if the conditions are met, the divorce sought by femme.Le marriage in the Muslim tradition is no more than divorce seen as the breaking of a sacrament but marriage is seen as a contract between two consenting individuals. For Sunnis to Shiites who opposed them practice mut `a, the contract must necessarily be aimed at the time of its conclusion, to last indefinitely. Divorce, if there is anything possible, shall occur only as a last resort. For a divorce to be standing just divorce his wife (publicly for the Shiites, and three times for the traditional Sunni – Muslim jurisprudence, however, endorsed the repudiation at once in almost all Muslim countries, although this practice is customary, to the letter, contrary to the Shariah). Accepts the tradition that a man who divorces his wife can remarry the 2 more times if he repudiates the once each time (for his account only).In the third repudiation, he can not remarry unless she’s remarried with another (with whom she must consummate the marriage) and she divorced. The divorce is final temporary marriages and unique.
History
In ancient
In ancient Greece, divorce exists in various forms according to the cities. In Athens, it can be obtained by mutual consent or on the initiative of one spouse. When he is asked by the husband, it takes the form of a repudiation: just a husband to divorce his wife from the marital home, without his being required to justify it. In practice, the dowry is a powerful brake: if the marriage is dissolved, the woman recovered her dowry – except in cases of adultery – with an interest of 18%. For its part, it has the right to seek divorce, but through his legal guardian (father, brother or other male relative), the application, duly substantiated, is then filed with the archon who consideration and chooses to follow or not.Abuse is a cause for separation, but not the husband’s infidelity. He apparently was quite unpopular for a woman to seek divorce: Euripides Medea and tell her: ‘Divorce tarnishes the reputation of a woman, and she can not she repudiate her husband. The marriage designed to perpetuate the male line, the children remain in the custody of their father after divorce. In Hellenistic times, divorce is more formalized: legal documents acknowledge the divorce and determine the consequences. The most important provision relates to the dowry returned to the ex-wife. It has never entitled to any share of household property.
Among the Romans, the divorce was practiced. At first, the right to divorce was reserved for men, but women get very quickly that right. The marriage was initially a religious ritual and Social desecrates the rest of Roman society. It was codified into law.At the end of the Empire, the divorce is just formal, since for reasons of simplicity, the marriage is considered a contract. The single remaining however disadvantaged by the law (impôt. ..).
Middle Age
In the early Middle Ages, marriage was not consecrated and written contracts fall into disuse. Marriage does that to seal alliances. It is considered normal to break the marriage.
The Roman Catholic Church is not conducive to divorce, and considers marriage as indissoluble. However, the rules appear to matter especially in the decisions of particular councils, which deal often as special cases and give conflicting answers.
This is the thesis of absolute indissolubility prevails thereafter, becoming the only defended the twelfth century.
The church tends to reinforce the sanctity of marriage and its corollary, indissoluble.This position is based on the fact that marriage between a man and a woman is the image of the covenant between God and his people, his church. It is based on mutual fidelity of the spouses for an alliance that lasted until the death of one of the two.
Thus, in 805, it makes it mandatory appearance before a priest. However, a few years later, only the presence of lay witnesses is accepted. In 1215, at the Fourth Lateran Council, the marriage becomes a sacrament. The indissolubility been included in the papal texts Decretals Gregory IX.
From that time, the indissoluble marriage is regarded as absolute until the death of spouses. The church admits only the separation (sometimes called divortium), which prohibits a new marriage.
In 1563, the Catholic Church confirms the status of a sacrament of marriage, to counter the Protestant churches that they allow divorce. In France the royal power and the courts have upheld this position.
At the end of the Ancien Regime, philosophers like Voltaire, notably in his Philosophical Dictionary, Montesquieu, are in favor of divorce.
Divorce in France since the Revolution
Revolution and Empire
On 20 September 1792, a law allowing both spouses to end their marriage, is created. The divorce may be granted by mutual consent, for ‘incompatibility of temperament or character’ or for reasons attributable to one spouse (foreshadowing the ‘fault divorce’).
However, an application for divorce by mutual consent was granted only after a minimum of two years together, perhaps the time to separate things. In addition, except in some cases, time is needed between the demand and the divorce, and during that time, a sort of family court trying to reconcile the spouses.
This law was criticized by conservatives for his excessive liberalism they denounce its abuses and lawlessness it would cause.In 1804, the French Civil Code is back on the previous reform. Divorce by mutual consent is retained, but under conditions so restrictive that it falls into disuse (parental consent, five appearances before the presiding judge, prohibition of remarriage within three years after the divorce …). Only fault divorce is applied.
Restoration to the Second Empire
On May 8, 1816, divorce was again removed by law Bonald. It is considered a ‘poison revolutionary.’ The kingdom wants to ‘make the marriage all its dignity in the interests of religion, morals, the monarchy and the family.’
However, the reintroduction of divorce is one of the first claims of advocates of women like Flora Tristan. Anonymous citizens also demand that recovery.
From 1876, the member Alfred Naquet deposited successively three bills aimed at restoring fault divorce. It fails.It was here that Pope Leo XIII publishes encyclical on Christian Marriage, Arcanum Divinae (February 10, 1880).
Third Republic
On 27 July 1884 Alfred Naquet manages to accept a law (which bears his name) on divorce. Divorce is allowed again but only in specific cases of misconduct (adultery, a sentence afflictive and degrading, abuse, serious abuse and insults). There are 4,000 divorces in 1885.
Mutual consent is not permitted, spouses who would be eager to part amicably have to be written to one another, most often under the dictates of their lawyers, letters insults that can then be produced in court! This absurd situation leads to serious tensions within couples, and worth some amazing happenings of Justice (the fault divorces Sacha Guitry, including letters of mutual insults where we easily recognize the spirit of the playwright as a side the other). The offending spouse must sometimes pay damages under Article 266 of the French Civil Code.Also taken into consideration, ‘Divorce in the Konrad’ often cited as the separation in the harmony of the couple.
Vichy
The Vichy regime was not conducive to divorce. The Act of April 2, 1941 prevents couples married less than three years of divorce, it turns into a crime, incitement to divorce by one third.
Fourth Republic
Ordinance No. 59-274 of 4 February 1959 on the marriage contracted by the local civil status persons in Algeria, followed by an enforcement decree of September 17, 1959 published in the Official Gazette of September 19, 1959, specify the manner application of the Civil Code regarding marriage and divorce in ‘Departments of Algeria.’
Marriage may be dissolved (except in case of death) only by judicial decision rendered by the cadi or judge of the peace. A divorce decree is required. This amounts to ban divorce by talâqq.
Instruments evidencing the repudiation occurred before that date should be entered in the civil registers.The extract from the transcript of the act of repudiation proves the dissolution of marriage.
Contemporary
On July 11, 1975, Valery Giscard d’Estaing promulgated Law No. 75-617. It is a profound reform of the divorce. It identifies three causes for divorce set out in section 229 of the Civil Code:
The fault divorce may be pronounced when one spouse is sentenced to a shameful (although logically it is never worth that is shameful, but the crime that led to the conviction).
With the promulgation of the new penal code, a reference to infamous punishments has been replaced by a reference to criminal penalties (ten years in prison at least).
On December 12, 2007, a proposal for diversion of divorce has been made by the Council of modernization of public policy under the presidency of Nicolas Sarkozy, the benefit of notaries who have a monopoly on the registration of the findings of divorce by mutual consent joint application.