Legal Definitions - connubium

Connubium refers to the legal right or capacity to marry, particularly concerning the ability of individuals from different social groups, legal statuses, or jurisdictions to legally intermarry. It signifies the recognized legal standing that allows a marriage to be valid and for any children born of that union to be considered legitimate under the law.

• Example 1: Historical Inter-caste Marriages

  In a historical society with a rigid caste system, individuals from the highest caste might have been legally prohibited from marrying someone from the lowest caste. If such a marriage occurred, it might not have been recognized by law, and their children could be deemed illegitimate.

  This demonstrates the absence of connubium between these castes, as the legal system did not grant them the right to intermarry and have their union recognized as a valid marriage.

• Example 2: International Marriages and Citizenship

  A citizen of France wishes to marry a citizen of Japan. For their marriage to be fully recognized in both countries and for any children to potentially claim citizenship rights in either nation, the laws of France and Japan must both permit and acknowledge such international unions.

  Here, connubium exists if both legal systems grant their citizens the capacity to marry foreign nationals and recognize the legal validity of such a marriage, ensuring the union has legal standing across jurisdictions.

• Example 3: Legal Restrictions on Marriage Between Minors

  Many jurisdictions have laws stating that individuals below a certain age (e.g., 16 or 18) cannot legally marry, even with parental consent, or that such marriages are voidable.

  This illustrates a lack of connubium for individuals below the legal age, as the law does not grant them the capacity to enter into a legally binding marriage, regardless of other factors.