Orlandi v Castelli
| Jurisdiction | Scotland |
| Court | Court of Session (Outer House) |
| Judgment Date | 05 November 1960 |
| Date | 05 November 1960 |
| Docket Number | No. 14. |
OUTER HOUSE.
Lord Cameron.
No. 14.
Orlandi
and
Castelli
Husband and WifeRegistry office marriageNullity of marriageWant of true consentWhether a "legal impediment"Marriage (Scotland) Act, 1939 (2 and 3 Geo. VI, cap. 34), sec. 1 (4)
The Marriage (Scotland) Act, 1939, enacts by sec. 1:"(1) Any two persons who desire to be married to each other in Scotland, may contract a marriage in the office of an authorised registrar in accordance with the following provisions:(i) the registrar shall supply a copy of the First Schedule to this Act, and shall, so far as possible, fill up the same according to the information supplied by the parties to the best of their knowledge and belief; (ii) the parties shall thereafter, in the presence of the registrar and of two persons of the age of sixteen years or upwards as witnesses, declare that they know of no legal impediment to their marriage, and that they accept each...
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4 cases
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Izmailovic &; Ads v Commissioner of an Garda Síochána and Others
...S2 VERVAEKE v SMITH & ORS 1983 1 AC 145 1982 2 WLR 855 1982 2 AER 144 S (H) v S (J) UNREP SUPREME 4.3.1992 1992/4/950 ORLANDI v CASTELLI 1961 SC 113 1961 SLT 118 CIRPACI v MIN FOR JUSTICE 2005 4 IR 109 2005 2 ILRM 547 2005/10/2112 2005 IESC 42 CIVIL REGISTRATION ACT 2004 S58(3) CIVIL REGI......
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Vervaeke (formerly Messina) v Smith
... ... v. British and French Trust Corporation Ltd. [ 1939 ] A.C. 1 ; [ 1938 ] 4 All E.R. 747 , H.L.(E.) ... Orlandi v. Castelli, 1961 S.C. 113 ... Porter v. Porter [ 1971 ] P. 282 ; [ 1971 ] 3 W.L.R. 73 ; [ 1971 ] 2 All E.R. 1037 ... ...
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Kelly v Ireland
...W.L.R. 849; [1953] 2 All E.R. 1229. R.S.J. v. J.S.J. [1982] I.L.R.M. 263. Martens v. Martens [1952] 3 S.A.L.R. 771. Orlandi v. Castelli [1961] S.C. 113. H.S. v. J.S. (Unreported, Supreme Court, 3rd April, 1992). Silver (orse. Kraft) v. Silver [1955] 1 W.L.R. 728; [1955] 2 All E.R. 614. Szec......
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S (H) v S (J)
...latitude was allowed to the parties in discovering the intention expressed (a situation that still prevails: see Orlandi v. Castelli [1961] S.C. 113 and then he went on to say:- "But be the law so, still it lies upon the party, who impeaches the intention expressed by the words, to answer t......
