Jurisdicción española y poligamia islámica: ¿Un matrimonio forzoso?
This paper analyzes the treatment that polygamous marriage receives in the various orders of the Spanish jurisdiction. Remarkable differences can be appreciated between different orders: from its typification as a criminal offence in the criminal order to the granting of significant legal rights in...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Asociación Española de Profesores de Derecho Internacional y Relaciones Internacionales
2012
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4043410 |
| Source: | Revista electrónica de estudios internacionales (REEI), ISSN 1697-5197, Nº. 23, 2012 |
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| Summary: |
This paper analyzes the treatment that polygamous marriage receives in the various orders of
the Spanish jurisdiction. Remarkable differences can be appreciated between different orders: from its
typification as a criminal offence in the criminal order to the granting of significant legal rights in the
social order. This disparity has highlighted, over recent years, that the lack of legal regulation of
polygamy may be a very relevant matter if it causes legal uncertainty. Our judges are forced to respond to
claims that the Spanish legislator has not foreseen or regulated for, being the first affected by a legislative
gap that raises important objections from the point of view of legal certainty. |
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