2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 1. GENERAL PROVISIONS
1. Common Law; Construction of Laws
§1-6 Prohibitory law, effect.


HI Rev Stat § 1-6 (2011 through Reg Sess) What's This?

§1-6 Prohibitory law, effect. Whatever is done in contravention of a prohibitory law is void, although the nullity be not formally directed. [CC 1859, §8; RL 1925, §8; RL 1935, §8; RL 1945, §7; RL 1955, §1-9; HRS §1-6]

Case Notes

Applied in holding no common law marriage; statutory requisites enforced. 25 H. 397, 403; 34 H. 161, 165. See 295 F. 636.

Statute requiring consent of parent for marriage of certain minors is prohibitory, and marriage without consent will be annulled. 26 H. 89, 95.

Cited and considered in relation to usury statute. 49 H. 160, 184, 413 P.2d 221, reh'g denied. 49 H. 255, 413 P.2d 221; see 36 H. 107, 126.

Referred to: 35 H. 545, 549; 37 H. 374, 378; 39 H. 378, 381; 45 H. 247, 259, 365 P.2d 460.

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