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Showing posts with label The Law. Show all posts
Showing posts with label The Law. Show all posts

Tuesday, March 15, 2011

CERTIFICATES AND DOCUMENTS

CERTIFICATES AND DOCUMENTS
According to the new system of civil status, approved by Presidential Decree November 3, 2000, No 396 (published in the ordinary supplement to the "Official Gazette" No. 303 of December 30, 2000), no longer required to submit certificates to get married because it will be for the registrar to obtain all necessary documentation.

For those interested, here are the certificates that the bride and groom had to obtain before being presented to the City for the civil ceremony:

    
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birth certificate issued by the municipality of birth under the law nr.423 (in order to verify the absence of family ties)
    
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declaration referred to. DC 97, rendered by the operators the parental authority of their parents stating there are no impediments
    
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cumulative certificate of single status, residence and Italian citizenship issued by the municipality of residence
    
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for widows: a full copy of the death of a spouse issued by the municipality where the death took place.
    
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for the divorced or widowed or alleged free status: complete copy of the Act prior marriage
    
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for the engaged underage consent of juvenile court jurisdiction
    
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for foreigners: the declaration of the competent authority of their country by showing that there is no impediment to marriage (art. 116 CC)
    
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for divorcees who have not passed for 300 days from the dissolution of previous marriage: a certified copy of the divorce decree
    
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for widowers that have not gone 300 days from the dissolution of the marriage registration with the Court.
About six months before the wedding, in the presence of two witnesses, the bride and groom signed the act of publication, "consent", where they claim to have the requirements of the law for the validity of the marriage, and to act in conscience and freedom . By the same document are requested to provide the City of publications, namely to put up a document stating their name and address and the place where the marriage will be celebrated.

For the religious ceremony, the bride and groom must present themselves to the priest with:

    
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Baptism certificate
    
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Certificate of Confirmation
    
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certificate of single status ecclesiastical
    
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certificate of attendance in marriage preparation courses.
In addition, religious publications will be posted in the parishes of origin of the spouses, and with the publications in City Hall, will set the date of marriage.

FORMS OF MARRIAGE

FORMS OF MARRIAGE
In Italy, under Article 34 of the Concordat of 11 / 02/1929 with the Holy See, have established three forms of marriage:

    
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calendar, celebrated by the registrar, the town hall
    
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concordat, celebrated by priests
    
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to those who profess a religion other than Catholic, celebrated by the respective ministers.
CIVIL MARRIAGE
The civil marriage is, by definition, marriage automatically ensures that all civil effects (and general). It is celebrated in the presence of two witnesses, before a Registrar, who reads the intending spouses Articles 143, 144, 147, Civil Code (the reciprocal rights and duties, on the course of family life, the family's residence, and the duties towards their children). Art.143: The marriage the husband and wife acquire the same rights and assume the same duties, marriage is derived from the mutual obligation of fidelity, moral and material assistance, cooperation in the interest of the family and cohabitation. Art.144: The spouses agree among them the address of family life and secure the residence of the family according to the needs of both prominent and those of the family. Each spouse has the power to implement the agreed address. Art.147: The marriage requires both partners to the obligation to maintain and educate their offspring, taking into account the capacity, the natural inclination and aspirations of children. After receiving each of the spouses, personally, and one after the other, the declaration of wanting to take a wife and husband respectively, the official declares them married.
Canonical marriages
The concordat marriage is celebrated in front of the minister of the Roman Catholic, and produces civil effects if:

    
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After the celebration, the priest declares that this marriage is also attributed to the spouses of civil law and the articles of the Civil Code regarding the rights and obligations of spouses
    
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marriage is recorded in the registers of civil status
From this moment on, the "family", as regards the rights and duties of spouses and their relationships with their children, is under and regulated by state law, just as the spouses joined in marriage with the civil ceremony. Note: Article 8 of the new agreement of 1984 provides that the registration in civilian can not be held if the spouses have not attained the age of majority.
MARRIAGE BEFORE minister ALLOWED
Even for non-Catholic citizens the possibility exists to celebrate, according to their religious ritual, a marriage valid in civil. But we must take account of the following conditions:

    
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The celebrations will be made by a minister whose appointment has been approved by the Ministry of Justice
    
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Officer shall require prior authorization of the civil
    
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necessary to request (within five days of celebration), that marriage is transcribed in the registers of civil status.
In this case, unlike what happens with the concordat marriage, the state does not give up even in part to its jurisdiction and the effects of marriage are entirely regulated by civil law.

FAMILY


FAMILY

The Constitution, the fundamental law of our state, defines the family as "a natural society founded on marriage. "
Legally, the family is made ​​up of wife, husband and children under age (under 18 years).
The Constitution stipulates that: "Marriage is based on equality moral and legal equality of spouses and rejects the idea of the subordinate position of wife than the husband. " In addition, the law states that spouses are exactly alike and have identical rights and obligations with respect to marriage and children. It has, therefore, the duty of cohabitation, fidelity and mutual support should keep their children, educate, instruct them according to ability.