ABSTRACT
The fundamental difference between the conceptions of marriage inherent in African native law, on the one hand, and in the legal systems of most European countries on the other, was sufficient in itself to entail the creation of a legal dualism in the sphere, as an inevitable consequence of the opening-up of Africa. This chapter outlines the arrangements in force in each of the main groups of territories with regard to ‘statutory marriage’. The general law of marriage and divorce in the Belgian Congo is substantially the same as in the French territories, being derived from the Code Napoleon but embodied in a local code—the Code Civil Congolais. In the Bechuanaland Protectorate and in Basutoland the opportunity of statutory marriage is open to all Africans under the general marriage law. The ‘religious marriages’ referred are marriages celebrated according to Christian rites which do not in themselves entail any legal consequences.
