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AFFINITY (Lat. affinitas, relationshi...

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Originally appearing in Volume V01, Page 301 of the 1911 Encyclopedia Britannica.
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AFFINITY (See also:Lat. affinitas, relationship by See also:marriage, from offinis, bordering on, related to; finis, border, boundary) , in See also:law, as distinguished from See also:consanguinity (q.v.), the See also:term applied to. the relation which each party to a marriage, the See also:husband and wife, bears to the kindred of the other. Affinity is usually de-scribed as of three kinds. (I) See also:Direct: that relationship which subsists between the husband and his wife's relations by See also:blood or between the wife and the husband's relations by blood. The marriagehaving made them one See also:person, the blood relations of each are held as related by affinity in the same degree to the one spouseas by consanguinity to the other. But the relation is only with the married parties themselves; and does not bring those in affinity with them in affinity with each other; so a wife's See also:sister has no affinity to her husband's See also:brother. This is (2) Secondary affinity. (3) See also:Collateral affinity is the relationship subsisting between the husband and the relations of his wife's relations. The subject is chiefly important from the matrimonial prohibitions by which the See also:canon law has restricted relations by affinity. Taking the table of degrees within which marriage is prohibited on See also:account of consanguinity, the See also:rule has been thus extended to affinity, so that wherever relationship to a See also:man himself would be a See also:bar to marriage, relationship to his deceased wife will be the same bar, and See also:vice versa on the husband's decease. Briefly, direct affinity is a bar to marriage. This rule has been founded chiefly on interpretations of the eighteenth See also:chapter of See also:Leviticus. Formerly by law in See also:England, marriages within the degrees of affinity were not absolutely null, but they were liable to be annulled by ecclesiastical See also:process during the lives of both parties; in other words, the incapacity was only a canonical, not a See also:civil, See also:disability.

By the Marriage See also:

Act 1835 all marriages of this See also:kind not disputed before the passing of the act were declared absolutely valid, while all subsequent to it were declared null. This rendered null in England, and not merely voidable, a marriage with a deceased wife's sister or niece.

End of Article: AFFINITY (Lat. affinitas, relationship by marriage, from offinis, bordering on, related to; finis, border, boundary)

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