Bigamie

Bigamie (lat.- griech. Double marriage) is entering a further marriage, before a marriage already existing beside it was dissolved. One calls persons, who die such a double connection, Bigamisten.

The illegal Personenstand of the Bigamieor Polygamie becomes legal as double marriage and/or. Vielehe designates. The western value orders orient themselves at the requirement of the a marriage (Monogamie). The Bigamie is therefore no permissible marriage form.

In Germany the double marriage or Vielehe is after § 1306 BGBforbidden. It is punished as passing against the Personenstand also after § 172 StGB. Now also the similar prohibition of the double life partnership is covered after the LPartG.

To be avoided is the existence of several formally valid marriages. The requirement thatA marriage is in such a manner embodied in the German juridical system that also in the context of international private law (international family right) an existence of multiple marriages against the ordre publicly according to kind. Offends to 6 EGBGB. Within the range of the deputy criminal jurisdiction (§ 7 exp. 2 S.2 StGB) the double marriage of a German is abroad in Germany punishable even if the local criminal law forbids a double marriage.

The prohibition becomes problematic, if a spouse for dead is explained and the other one a new marriage dies,although objectively no death is present. The earlier marriage thereby becomes civil after § 1319 exp. 2 BGB waived. Criminally however § 172 StGB are to be applicable after still dominant view.

Criminally responsible person author § 172 StGB only those knowMarriage partner its (as participation in the act only the aid of the registrar of births, marriages and deaths comes o.a. in consideration), which act at least in knowledge of the validity of the still existing marriage; generally conditioned resolution is to be enough. The criminal offence with perfection by recording of theRegistrar of births, marriages and deaths, by whom the second marriage becomes formally valid.

The regulation § 172 StGB is relatively insignificantly (only 17 condemnations 2003 in the old Lands of the Federal Republic), constitutionally is it over the protection of the family status according to kind. 6 Basic Law toojustify. Therefore it is disputed to what extent the facts can be entkriminalisiert.

In Austria (§ 192 StGB) and Switzerland (kind. 215 StGB) Bigamie is likewise punishable. The second marriage is explained for futile (§§ 5, 20 marriage law).

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