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Unit 22

Unit 22. Marriage. Learning outcomes of the Unit 22. Students will be able to: define marriage explain the conditions for entering into marriage in the UK name and explain special situations related to marriage, such as mental incapacity

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Unit 22

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  1. Unit 22 Marriage

  2. Learningoutcomes of the Unit 22 • Students will be able to: • define marriage • explain the conditions for entering into marriage in the UK • name and explain special situations related to marriage, such as mental incapacity • translate key expressions related to the topic • quote /translate basic provisions of the Croatian Family Law related to marriage

  3. Definition Marriage is a voluntary union for lifeof one manandonewomanto theexclusionof all others. monogamous English law, however, recognizes judicial divorce (dissolution of marriage) The intention of the parties must be union for life.

  4. Regulations about starting a marriage Marriage is one oftheeasiestcontracts to enter into,but it has far reachingconsequences: • for thepartiesthemselve, • for theirchildern, • for thewholesociety

  5. Who canmarry? • The age factor– requiredmajority (loweredfrom 21 to 18 bytheFamilyReformAct 1969) • ifeitherparty is under 16, therecanbe no marriage (if a ceremony is performed, it is notvalid) • if one oftheparties is 16 or over, but under 18, theconsentofbothparents is needed • Thequestionofconsanguinity Relationshipbyblood is thesecondchief bar to marriage.

  6. Void or voidable A marriage will be voidable: • if entered without due consent • if entered under dures • if there is mistake concerning identity. Fraud, apart from deception concerning identity, is not a reason for a voidable marriage: • a man deceives a woman as to his fortune or his status • a woman deceives a man concerning her virginity

  7. Mental incapacity and marriage Mentalincapacitynegatesconsent Situationuntilrelied on theLunacyActfrom 1890: a lunatic (definedcategorybylaw) couldnotcontractamarriage. TheMental Health Act (1959) abolishedtheclassificationofthementallyill as lunatics. Onlysuchmentaldisorderwhichpreventstheunderstandingofthe nature ofthecontractcancausethemarriage to bevoidable.

  8. Expressions from the Unit 11 • conditions for a valid English marriage • to be voluntary / monogamous • recognize judicial divorce • the dissolution of marriage • the intention of the parties must be union for life • regulations about starting a marriage • duties of the parties in marriage • to enter into a contract • to have far-reaching consequences • youth and consanginity are bars to marriage • the age of majority is 21/18

  9. Expressions from the Unit 11 – PART II • to lower the age of majority • the marriage ceremony is (not) valid • the process is void ab initio • the consent of parents must be obtained • to give consent in a particular form • the marriage will not be void, but it may be voidable • to rely on the misrepresentation • mental incapacity negates consent • to be incapable of consent • mental disorder • the nature of a contract

  10. Connect Croatian and English terms.

  11. Translate. BRAK Članak 5. Brak je zakonom uređena životna zajednica žene i muškarca. I. SKLAPANJE BRAKA Članak 6. Brak se sklapa suglasnom izjavom žene i muškarca u građanskom ili vjerskom obliku. Članak 7. Brak u građanskom obliku sklapa se pred matičarom. Članak 8. Brak se u vjerskom obliku s učincima građanskog braka sklapa pred službenikom vjerske zajednice koja s Republikom Hrvatskom o tome ima uređene pravne odnose.

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