Marital cohabitation

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As marital intercourse is defined as the intercourse between spouses . In some cultures, the completed supplement is a prerequisite for the effectiveness of a marriage.

Situation in Germany

In 1966, the Federal Court of Justice regarded committed sexual intercourse as a marriage obligation, taking into account the guilt principle applicable to divorce:

“The woman is not enough for her marital duties simply by letting the apartment at home pass unresponsively. If, as a result of her disposition or for other reasons (...), she is unable to find satisfaction in conjugal intercourse, marriage requires her to be granted in conjugal affection and willingness to make sacrifices and forbids displaying indifference or dislike . Because experience has shown that the partner who seeks his natural and legitimate satisfaction in marital intercourse can hardly ever be content with mere instinctual satisfaction in the long term without being affected by what the other feels. (...) That is why the partner who does not succeed in finding satisfaction in intercourse, but also not, must affirm the granting of cohabitation as a sacrifice that he brings to the legitimate wishes of the other for the sake of maintaining the spiritual community , at least refrain from expressing your personal feelings in a hurtful way. "

There it was not about an enforceable duty, but only about the question of who was to blame for the failure of the marriage. Since the principle of guilt was abandoned today in favor of the principle of breakdown, this is no longer to be discussed in the event of a divorce.

The civil code stipulates in § 1353 BGB:

“Two people of the same or different sex are married for life. The spouses are obliged to have a marital partnership with each other; they are responsible for one another. A spouse is not obliged to comply with the request of the other spouse to establish community if the request is an abuse of his right or if the marriage has failed. "

As a physical community, marriage also serves to satisfy the sexual instinct with mutual consideration for health and psychological disposition. Another exception is the criminal imprisonment of a partner. An obligation to have sexual intercourse resulting from the sex community remains controversial, as a judgment on “establishing marital life” according to Section 120 (3) FamFG would not be enforceable. The District Court Brühl but circumcised in a case in 2000 for refusing conjugal intercourse according to § 1579 no. 7 BGB maintenance. The marital fidelity , so the "exclusiveness of the sexual union of the spouses" is the marriage obligation viewed. The fathering of children is no longer seen as the actual purpose of the marriage and therefore no longer as an obligation. But even agreements on contraception do not have any legally binding effect in marriage. Incidentally, rape in marriage has been a criminal offense under Section 177 of the Criminal Code since 1997.

Situation in Afghanistan

Hamid Karzai , President of Afghanistan, signed a law regulating family life among Shiites in Afghanistan on April 2, 2009, without parliamentary debate. According to reports in the European press, Article 132 obliges wives to have sexual intercourse at least once every four days Submit her husband's demands ” . The law has also been sharply criticized in Afghanistan.

See also

Individual evidence

  1. ^ Judgment of the Federal Court of Justice of November 2, 1966, Az. IV ZR 239/65 ( NJW 1967, 1078-1080), in: OpinioIuris - The free legal library.
  2. Blog article: “The woman is not enough for her marital duties just by letting the apartment at home pass unresponsively” (BGH on sex as a marriage obligation, 1966)
  3. ^ Dieter Henrich : Family law. 5th edition, 2009, ISBN 978-3-406-59378-9
  4. ^ NJWE-FER 2000, 51, quoted from Anne Sanders: The violation of marital duties and their consequences.
  5. Intercourse in Afghanistan is regulated by law. In: Tages-Anzeiger , April 3, 2009 ( online )