CHAPTER XX.

ROUMANIA.

Roumania is the name officially adopted by the united kingdom that comprises the former principalities of Walachia and Moldavia. In its native form it appears simply as "Roumania," representing the claim to Roman descent put forward by its inhabitants.

The Roumanian Civil Code from which we summarize in this chapter the law of marriage and divorce of Roumania is practically a copy of the French Civil Code.

MARRIAGE.--A man must be eighteen years of age and a woman fifteen in order to contract lawful marriage, except a dispensation is granted by the King.

The free consent by both contracting parties is essential.

Men under twenty-five years of age and women under twenty-one cannot marry without the parental consent. Men under the age of thirty and women under the age of twenty-five are obliged to ask the consent of their parents.

A man or woman is allowed but one spouse at a time.

CONSANGUINITY AND AFFINITY.--Marriage is forbidden between relatives, whether by blood or by marriage, in the direct line, and in the collateral line to the fourth degree, inclusive, by the Roman method of counting. The prohibition obtains whether the relationship arises from legitimate or illegitimate birth. A dispensation from such impediments may, in special cases, be granted, by the King.

Marriage is forbidden between relatives by adoption and between godparents and their godchildren.

Marriage is forbidden between guardians and wards, or between trustees and wards, and the father, son or brother of a guardian or trust cannot marry the ward until the accounts of the guardianship or trust have been properly audited and settled.

Soldiers cannot marry without the consent of the military authorities.

Marriage is expressly forbidden to priests, monks and nuns.

Divorced persons are forbidden to remarry each other.

A woman whose marriage has been dissolved by death or divorce may not marry again until the expiration of ten months after such dissolution.

MARRIAGE PRELIMINARIES.--A marriage must be preceded by the publication of the names, occupations and residences of the parties themselves, and of their parents, on two Sundays before the celebration. Such publication of banns must be made before the door of the parish church and the door of the town hall of the commune where the marriage is to be concluded. The marriage cannot be solemnized until the fourth day after the second publication of banns. If a year passes after such publication without marriage a new publication is necessary. If, upon the publication of banns, the intended marriage is opposed, as it may be, by any person, the registrar of the commune must defer the celebration of marriage until the opposition has been withdrawn or overruled.

CELEBRATION.--The marriage must be celebrated by the registrar in the town hall of the commune in which one of the parties had had continuous residence for at least six months. The registrar, in the presence of four witnesses, reads to the parties that chapter of the Civil Code of Roumania which defines the rights and duties of marriage. The parties must then declare to the registrar their intention to marry each other. After this the officiating registrar pronounces the parties to be husband and wife.

If a religious celebration is desired it must in all cases be preceded by the civil ceremony.

ANNULMENT OF MARRIAGE.--A marriage may be annulled on any of the following grounds:

1. That it was not regularly celebrated before a registrar.

2. That free consent of one or both parties did not exist.

3. Lack of proper age.

4. An existing marriage.

5. Relationship within prohibited degrees.

6. Lack of parental consent.

7. In the case of a soldier, lack of proper consent from the necessary military authorities.

Where a marriage has been contracted in good faith the parties thereto and the issue of the marriage are entitled to all civil rights resulting therefrom; but if only one party was in good faith, only that party and the issue of the marriage are entitled to these rights.

DIVORCE.--The great majority of the people of the kingdom belong to the Roumanian branch of the Orthodox Greek Church, which in practice does not hold to the doctrine of the indissolubility of marriage.

The law of the land permits absolute divorce for the following causes:

1. By mutual consent of the parties. The parties on such an application appear before a judge with a written inventory of their goods, showing the division agreed upon, and with certificates of their birth and marriage, of the births and deaths of their children, and, when necessary, the consent of their parents.

The judge then endeavours to reconcile the parties. If at the end of one year and fifteen days no reconciliation has been effected a divorce is granted.

2. Adultery of husband or wife.

3. Cruel and abusive treatment of one spouse toward the other.

4. A judicial condemnation of either party to a prison sentence for an infamous crime.

5. An attempt of one party on the life of the other.

6. Intentional omission of one spouse to warn the other of an attempt by a third person on the life of the other spouse.

SEPARATION.--Judicial separations are not granted by the courts of Roumania.

EFFECTS OF DIVORCE.--Divorced parties are forbidden to remarry each other.

A divorced woman may not marry again within ten months after her divorcement, and the guilty party in a suit for divorce on the ground of adultery may not marry his or her accomplice in adultery.

Otherwise divorced parties are free to marry again.

A divorced woman may not retain her husband's surname.

All property rights granted by the innocent party to the guilty party are extinguished by the decree of divorce. The guilty party may be ordered to contribute to the support of the innocent party.

The custody of the children is usually given to the successful suitor. The court may, however, if circumstances require, entrust the children to the guilty party or to a third person.