Subject: Re: [ffml][query] More noise from the Thunder God
From: "David A. Brown" <DavidBrown@compuserve.com>
Date: 9/8/1999, 1:45 AM
To: Thor Odinson , ffml@fanfic.com

Thor Odinson wrote:


Salutations and Greetings to one and all of the FFML!!!
^_^

I have a question to ask of thee, concerning Japanese common law [if
there is such a creature...]

In some areas, if a single female of age [lets say 16 years] lives with
a single male @ the same residence for a specific amount of time [say
six months], they are considered married.

My question is this:
Would Ranma be married to all three Tendo daughters under Japanese
common law due to the extended stay he has performed?

Ranma:  SAY WHAT???????
Kasumi: Oh my!  He's too young to be my husband.
Nabiki: I'm filing for divorce, Saotome.
Akane: [smashing Ranma] How DARE you get married to me AND MY SISTERS!
Pervert!!!


I can answer this question.

There is no common law in Japan, as Japan is not a common law jurisdiction.

There are two general bodies of western law; the English Common Law, and
the Roman Civil Law.

The Common Law is largely limited to the UK, the Commonwealth, the United
States, and India (formerly an English colony).

Civil law has its roots in the law of the late Roman and Holy Roman
Empires, which was resurrected in the 18th and 19th centuries.  Its best
classic example is "Le Code Napoleon", which is still the basis of the law
in the State of Louisiana.

During the Meiji Restoration, Japan modeled its legal system after that of
Germany, a Civil Law nation.

Besides, even in jurisdictions that recognize Common Law Marriage (Colorado
is one), the couple must actually live as husband and wife, and hold
themselves out as such.  A "surprise" marriage resulting from mere
cohabitation would not work under the law.

David A. Brown
Empire College School of Law, Class of 2000.