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Head of the Royal House of Savoy, Italian Civil Code
12 Dec 2006 00:47:59 -0800
alt.talk.royalty
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Guy Stair Sainty...
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Further points regarding the 1942 Italian Civil Code (which is still the valid
legal code of the state) and marriages of the royal princes and princesses.
Since 1946 editions of the civil code have simply omitted the texts of the three
applicable articles (92, 105, 114); this is contrast to article 91, which
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concerns the legality of inter-racical marriages and marriages with foreign
nationals and which has been specifically repealed. Nonetheless, several
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scholars have argued that these clauses are implicitly repealed by the change of
the institutional nature of the state from monarchy to republic. Whether or nor
this is the case, and since Italian law does not recognise the existence of a
King able to determine the status of royal marriages as a matter of Italian law,
the existence of these articles should obviate any further debate as to whether
the King of Italy enjoyed the authority to give or withhold consent for
marriages of royal princes and princesses.
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92 reads: "Per la validità dei matrimoni dei Principi e delle Principesse Reali,
è richiesto l'assenso del Re Imperatore".
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Unless there is some interesting little piece of legislation somewhere
which transfers the powers and privileges of the King to the
Provisional Head of State, and then to the President. If that were the
strict legal situation, then we would have a very interesting state of
affairs indeed.
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