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Encyclopedia Britannica



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

This article appears in Volume V01, Page 301 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: ADA-AIZ
AFFINITY (Lat. affinitas, relationship by marriage, from offinis, bordering on, related to; finis, border, boundary) , in law, as distinguished from
consanguinity
  (q.v.), the
term
  applied to. the relation which each party to a
marriage
 , the
husband
  and wife, bears to the kindred of the other. Affinity is usually de-scribed as of three kinds. (I) Direct: that relationship which subsists between the
husband
  and his wife's relations by blood or between the wife and the husband's relations by blood. The marriagehaving made them one 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
sister
  has no affinity to her husband's brother. This is (2) Secondary affinity. (3) 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
canon
  law has restricted relations by affinity. Taking the table of degrees within which
marriage
  is prohibited on
account
  of consanguinity, the
rule
  has been thus extended to affinity, so that wherever relationship to a man himself would be a bar to marriage, relationship to his deceased wife will be the same bar, and 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 chapter of Leviticus. Formerly by law in England, marriages within the degrees of affinity were not absolutely null, but they were liable to be annulled by ecclesiastical process during the lives of both parties; in other words, the incapacity was only a canonical, not a civil,
disability
 . By the Marriage Act 1835 all marriages of this
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. (See CONSANGUINITY; MARRIAGE.)


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


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