GALLARDO (Ricardo) – THE ROLE AND EFFECTS OF GOOD FAITH IN THE ANNULMENT OF MARRIAGE IN COMPARATIVE LAW. A historical and critical study, Preface by André Rouast, Institute of Comparative Law of the University of Paris
GALLARDO (Ricardo) – THE ROLE AND EFFECTS OF GOOD FAITH IN THE ANNULMENT OF MARRIAGE IN COMPARATIVE LAW. A historical and critical study, Preface by André Rouast, Institute of Comparative Law of the University of Paris
GALLARDO (Ricardo) – THE ROLE AND EFFECTS OF GOOD FAITH IN THE ANNULMENT OF MARRIAGE IN COMPARATIVE LAW. A historical and critical study, Preface by André Rouast, Institute of Comparative Law of the University of Paris
GALLARDO (Ricardo) – THE ROLE AND EFFECTS OF GOOD FAITH IN THE ANNULMENT OF MARRIAGE IN COMPARATIVE LAW. A historical and critical study, Preface by André Rouast, Institute of Comparative Law of the University of Paris
    GALLARDO (Ricardo)
    THE ROLE AND EFFECTS OF GOOD FAITH IN THE ANNULMENT OF MARRIAGE IN COMPARATIVE LAW. A historical and critical study, Preface by André Rouast, Institute of Comparative Law of the University of Paris
Édition :
    Paris
Date :
    1952
    octavo, half ivory vellum, gilt title on red morocco binding, bound with the monogram "JGG", original cover preserved, (rare marks on the cover, paper slightly yellowed), good condition, 134 p.
    "Mr. Gallardo, author of a remarkable doctoral thesis on putative marriage in French law, adds a further dimension by studying the issue from a comparative law perspective. While the notion of good faith in this area is the central point of his study, it necessarily led him to examine the entire question of putative marriage in the legal systems he selected. These are primarily Italian law, the legislation of Iberian origin, and Swiss law. The fourth and final part of the work is devoted to the end of governments in exile. In most cases, it is simply a matter of the government returning to the national soil it left after having been there. As for the spouses themselves, it is the concern to extend the benefits of putative marriage even to the wife who had the marriage annulled on the grounds of violence that led the author to a very broad conception of good faith. It is sufficient that the husband had the intention not to consent to mere cohabitation." And this is indeed the solution to which the benevolent idea that forms the very foundation of the theory of putative marriage logically leads. Since we agree to forget, at least for the past, the nullity, why not forget all forms of nullity, except to deny this forgiveness to the spouse who entered into the marriage knowing it was void? This spouse, in fact, deserves no favor. The center of gravity of the doctrine then shifts. The idea of ​​bad faith becomes the guiding principle, used to exclude one spouse from the legal benefit. And this leads the author, like Swiss law, to recognize the legitimacy of the children, even if both spouses are acting in bad faith, because there is no question of the children's bad faith, and consequently, no disfavor resulting from bad faith. Finally, let us note that, quite rightly, the author observes that the effects of the marriage are not maintained exclusively for the past. It has never been questioned that the children remain legitimate for the future. But the author believes that the same may be true in some respects for the spouses. (Paul Esmein, RIDC No. 2/1953, pp. 437-438).

Référence : 51069

70,00 €

Mots-clés : Family Law - Personal Law, Comparative Law

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