Age of Majority in 1820

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a_ntv
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Age of Majority in 1820

Postby a_ntv » 28 Jan 2012, 16:27

I got a marriage certiface of 1820 (Lombardy) from the Church records.
It states that Mr Francesco Tavazza married while he was "...aetati minori cum consensu de proprio tutore Domenico Maggi..." ("...of minor age with the authorization of his guardian Mr Domenico Maggi..").

Which is the Age of Majority shall I consider? 21 years as probably it was according the Civil Law of the time or 16 which is the minimum age for marriage according to the Church Law? i.e. Francisco Tavazza was in 1820 less than 16 or less than 21?

Thanks

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Tessa78
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Re: Age of Majority in 1820

Postby Tessa78 » 29 Jan 2012, 18:37

a_ntv wrote:I got a marriage certiface of 1820 (Lombardy) from the Church records.
It states that Mr Francesco Tavazza married while he was "...aetati minori cum consensu de proprio tutore Domenico Maggi..." ("...of minor age with the authorization of his guardian Mr Domenico Maggi..").

Which is the Age of Majority shall I consider? 21 years as probably it was according the Civil Law of the time or 16 which is the minimum age for marriage according to the Church Law? i.e. Francisco Tavazza was in 1820 less than 16 or less than 21?

Thanks


I would think that the Church records would only be concerned with Church Law :-)

T.

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liviomoreno
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Re: Age of Majority in 1820

Postby liviomoreno » 29 Jan 2012, 18:56

It is correct that 16 is the minimum age for marriage according to the Church law, but I believe that to get married before 16 one needs an authorization from the Church authority, not from the father or the guardian.
I might be wrong but I suggest that you further investigate on the subject...

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Re: Age of Majority in 1820

Postby a_ntv » 29 Jan 2012, 21:56

Sabino wrote:La risposta si trova nel codice civile universale austriaco del 1811, in vigore il primo gennaio 1816 per il regno Lombardo-Veneto (fino al 1859 in Lombardia e al 1866 in Veneto).

Codice civile generale austriaco

Parte I. Capitolo II
Art.49
I minorenni od anche i maggioni d'età che per qualqunque siasi motivo non possono da sè validamente obbligarsi, sono del pari incapaci di contrarre validamente matrimonio senza il consenzo del loro padre legittimo.Se il padre è morto o incapace di rappresentare i figli, si esige per la validità del matrimonio, oltre la dichiarazione del tutore o curatore ordinario, anche il consenso del giudice.


All'art.21 si stabiliva la distinzione tra puberi, coloro che hanno compiuto i 14 anni, e maggiori, coloro che ne hanno compituto 24.


Translation:

The answer is in the universal Civil Code of the Empire of Austria dated 1811. It was valid from Jan 1, 1816 for the Kingdom of Lombardy–Venetia (up to 1859 in Lombardy and up to 1866 in Venetia)

Parte I. Capitolo II
Art.49
The under-age people as well the people into the Majority Age who for whichever reason cannot effectively bind themselves, are in the same way unable to effectively marry without the authorization of their legitimate father. In case the father is died or unable to represent the offspring, it is requested for the validity of the marriage, beyond the declaration of the ordinary guardian, also the agreement of the judge.

In Art. 21 it was indicated the difference beween 'puberi' (adolescents), who were at least 14, and the 'maggiori' (majors), who were at least 24

*************
Thank a lot for the answer. :)
So in 1820 he was less than 24


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