2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 19 - Abolition of Actions for Alienation of Affections and Breach of Promise to Marry
and Breach of Promise to Marry -


                                CHAPTER 19
            ABOLITION OF ACTIONS FOR ALIENATION OF AFFECTIONS
                      AND BREACH OF PROMISE TO MARRY

     Sec.
     1901.  Actions for alienation of affections abolished.
     1902.  Actions for breach of promise to marry abolished.
     1903.  Purpose of chapter.
     1904.  Filing or threatening to file actions prohibited.
     1905.  Instruments executed in satisfaction of abolished
            claims prohibited.

        Enactment.  Chapter 19 was added December 19, 1990, P.L.1240,
     No.206, effective in 90 days.
     § 1901.  Actions for alienation of affections abolished.
        (a)  General rule.--All civil causes of action for alienation
     of affections of husband or wife are abolished.
        (b)  Exception.--Subsection (a) does not apply to cases where
     the defendant is a parent, brother or sister or a person
     formerly in loco parentis to the spouse of plaintiff.
     § 1902.  Actions for breach of promise to marry abolished.
        All causes of action for breach of contract to marry are
     abolished.
     § 1903.  Purpose of chapter.
        (a)  General rule.--No act done within this Commonwealth
     shall give rise, either within or without this Commonwealth, to
     a cause of action abolished by this chapter.
        (b)  Contract to marry.--No contract to marry which is made
     within this Commonwealth shall give rise, either within or
     without this Commonwealth, to a cause of action for breach of
     the contract.
        (c)  Intention of section.--It is the intention of this
     section to fix the effect, status and character of such acts and
     contracts and to render them ineffective to support or give rise
     to any such causes of action, either within or without this
     Commonwealth.
     § 1904.  Filing or threatening to file actions prohibited.
        It is unlawful for a person, either as litigant or attorney,
     to file, cause to be filed, threaten to file or threaten to
     cause to be filed in a court in this Commonwealth any pleading
     or paper setting forth or seeking to recover upon any cause of
     action abolished or barred by this chapter whether the cause of
     action arose within or without this Commonwealth.
     § 1905.  Instruments executed in satisfaction of abolished
                claims prohibited.
        (a)  Contracts and instruments void.--All contracts and
     instruments of every kind executed within this Commonwealth in
     payment, satisfaction, settlement or compromise of any claim or
     cause of action abolished or barred by this chapter, whether the
     claim or cause of action arose within or without this
     Commonwealth, are contrary to the public policy of this
     Commonwealth and void.
        (b)  Execution and use prohibited.--It is unlawful to cause,
     induce or procure a person to execute a contract or instrument
     proscribed by this chapter, or cause, induce or procure a person
     to give, pay, transfer or deliver any money or thing of value in
     payment, satisfaction, settlement or compromise of any such
     claim or cause of action, or to receive, take or accept any such
     money or thing of value in such payment, satisfaction,
     settlement or compromise.
        (c)  Actions to enforce prohibited.--It is unlawful to
     commence or cause to be commenced, either as litigant or
     attorney, in a court of this Commonwealth any proceeding or
     action seeking to enforce or recover upon a contract or
     instrument proscribed by this chapter, knowing it to be such,
     whether the contract or instrument was executed within or
     without this Commonwealth.
        (d)  Exceptions.--This section does not apply to the payment,
     satisfaction, settlement or compromise of any causes of action
     which are not abolished or barred by this chapter or to the bona
     fide holder in due course of a negotiable instrument.

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