JACTITATION (from Lat. jactitare, to throw out publicly) , in English law, the maliciously boasting or giving out by one party that he or she is married to the other. In such a case, in order to prevent the common reputation of their
, in which the petitioner alleges that the respondent boasts that he or she is married to the petitioner, and prays a declaration of nullity and a decree putting the respondent to perpetual silence there-after. Previously to 1857 such a proceeding took place only in the ecclesiastical courts, but by express terms of the Matrimonial Causes Act of that year it can now be brought in the probate, divorce and admiralty division of the High Court. To the suit there are three defences: (I) denial of the boasting; (2) the truth of the representations; (3) allegation (by way of estoppel) that the petitioner acquiesced in the boasting of the respondent. In
v. Rourke, 1893, Prob. 70, the court of appeal laid down that the court will not make a decree in a jactitation suit in favour of a petitioner who has at any time acquiesced in the assertion of the respondent that they were actually married. Jactitation of marriage is a suit that is very rare.
End of Article: JACTITATION (from Lat. jactitare, to throw out publicly)
If you wish, you can link directly to this article.
<a href="http://jcsm.org/StudyCenter/Encyclopedia/INV_JED/JACTITATION_from_Lat_jactitare.html">
JACTITATION (from Lat. jactitare, to throw out ...
</a>
JCSM was founded in 1997 and exists to help the community and bring people into a life-changing and productive
relationship with
Jesus Christ. JCSM offers over 200,000 free web pages, including
its
weekly inspirational emails
that were sent continuously for over a decade.
Jesus Christ
Saves Ministries
P.O. Box 9297 San Diego, CA 92169 1-888-887-0417 or
Email