Justice and Castilian legislation in the breakdown of promise of marriage and recognition of paternity: analy-sis of cases in southern Spain of the Old Regime

  • Raquel Tovar Pulido Universidad de Extremadura (UEX)
Keywords: extramarital relations, women, dishonor, illegitimate children, Andalusia, century XVIII

Abstract

This article analyzes the breaking of the promise of marriage and illicit relationships in modern times. It is studied the Castilian legislation and, in addition, several notarial protocols from the 18th century that come from the Provincial Historical Archive of Jaén (Andalusia). Specifically, have been analyzed various litigations from single women to men who had broken the promise of marriage. On the one hand, the causes related to extramarital relations inform us of the moral condemnation suffered by women, because of they had lost their honor and the consequent difficulties they would have in arranging a new marriage, unless they were provided with a dowry. On the other hand, the struggle for the recognition of paternity illustrates the vindication of the rights of their illegitimate children. 

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Published
2021-09-17
How to Cite
Tovar Pulido R. (2021). Justice and Castilian legislation in the breakdown of promise of marriage and recognition of paternity: analy-sis of cases in southern Spain of the Old Regime. Cuadernos de Historia del Derecho, 28, 123-149. https://doi.org/10.5209/cuhd.77971
Section
Articles