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The first type of contract was "per verba de prasenti". [1] This involved the mutual exchange of present consent between a man and woman (“I take thee as wife/ husband”). [11] It was an indissoluble commitment, as regarded under ecclesiastical law. The second type of contract that made a marriage legally binding was per "verba de futuro". [1]
In the Puritan colonies of New England, marriage required the consent of both parents and children. Law and custom governed courtship. [6]: 281–286 Marriage in New England was considered a civil contract, rather than a sacrament. [7] A potential suitor would approach a young woman's parents, often with a small gift, and seek their consent.
In Germany and Switzerland, this regime is particularly widespread and is the default regime in the absence of a marriage contract. [7] In France, it was introduced by a 1965 law, inspired by the German model. [6] [9] The participation system is also available in Spain, Portugal and many Latin American countries. [5]
Marriage law is the body of legal specifications and requirements and other laws that regulate the initiation, continuation, and validity of marriages, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries in terms of what can and cannot be legally recognized by the state.
The marriage contract was in common use from the earliest times, and throughout the Middle Ages up through the 1930s. It is little used today in modern England and Wales due to several reasons, including the disuse of the giving of dowries, the establishment of the legal power of married women to own assets in their own right, following the Married Women's Property Act 1882; the lesser ...
The marital power derives from Germanic sources of the Roman-Dutch law, from which many features derive from (provincial) Roman law. In the earlier Roman law, a wife moved from the manus (guardianship) of her father to that of the father of her husband, an older brother of her husband or her husband; the "pater familias" or master of all persons and owner of all property in a familia.
The Origin of the Family, Private Property and the State begins with an extensive discussion of Morgan's Ancient Society, which aims to describe the major stages of human development, and agrees with the work that the first domestic institution in human history was the matrilineal clan. Morgan was a pioneering American anthropologist and ...
Westermarck argues that marriage is a social institution that rests on a biological foundation, and developed through a process in which human males came to live together with human females for sexual gratification, companionship, mutual economic aid, procreation, and the joint rearing of offspring.