We will only hold our wedding if every guest receiving medical treatment has easy access to a vaccine and is vaccinated at the time of the wedding – which looked much more promising when signing the contracts than it is today. MARRIAGE. A contract concluded in an appropriate form of the law by which a free man and a free woman mutually undertake to live together during their life together, in the bond that should exist between husband and wife. The terms Freeman and Freewoman in this definition mean not only that they are free and not slaves, but also that they are free from any obstacle to a legitimate marriage. Dig. 23, 2, 1; Ayl. Adorn. 359; Stairs, inst. 4, p. 1; Shelford am Mär und Div.
c. 1, s. 1. 2. To conclude a valid marriage, the parties must be willing to tolerate, be able to conclude contracts and actually have concluded. 3.-1. You must be prepared to enter into contracts. People who are not legally capable in terms of intellect to enter into a contract therefore cannot legally marry, as idiots, lunatics and infants; Men under fourteen and women under twelve, and if minors marry beyond that age, they must have the consent of their parents or guardians. 4.
There is no will if the person in the party he wanted to marry is wrong; for when Peter, who wants to marry Mary, by mistake or error of the person, actually marries Eliza; but a mistake of happiness, as if a man married a woman whom he considered rich, and considered her poor; or as the wife of a woman whom he considered chaste and whom he finds to be of opposite character, this does not invalidate the marriage, for in these cases the fault is only of any quality or accident whatsoever and not in the person. Poynt. on the Marr. and Div. Kap. 9. 5. If marriage is obtained through violence or deception, it is clear that there is no consent; It is therefore null and void from the outset and may be considered null and void by any court before which its validity may be called into question in passing. 2 Kent, Com. 66; Shelf. on the Marr.
and Div. 199; 2 Hagg. Against R. 246; 5 Paige, 43 years old 6.-2. In general, all people who have a clear mind and have reached years of maturity are capable of entering into marriage. However, there are many exceptions to this general rule, among which the following can be listed. 7.-1. The party`s previous marriage to another person who is still alive.
8.-2. Inbreeding or affinity between the parties in the forbidden degree. It seems that people in descending or ascending lines, however distant they may be, cannot legitimately marry; these marriages are unnatural; But when we think about guarantees, it is not so easy to set the degrees prohibited by clear and established principles. Vaugh. 206; S. C. 2 Breakdown. 9. In several United States, marriages are annulled by law within limited limits. 2 Kent, Com.
79; Empty Poynt. on the Marr. and Div. Kap. 7. 9.-3. Impotence (saas), which must have existed at the time of marriage and must be incurable. 2 Phillim. 10th Republic; 2 Hagg. 832.
10-4. Adultery. In Pennsylvania, if a person is convicted of adultery with another person or divorced from their husband or wife, they cannot subsequently marry the partner of their guilt. This provision is taken from civil law. Poth. Marriage Control, Part 3, c. 3, Art. 7. And the same provision exists in the French Civil Code, Article 298. See 1. No. 555 11.-3.
The parties must not only be willing and capable, but also have concluded a contract in an appropriate form. 12. The common law does not require a special ceremony for the valid solemnization of marriage. The consent of the parties is all that is necessary, and since marriage is called a contract jure gentium, this consent is all that is required under natural or public law. If the contract is concluded by verba de presenti or per verba de futuro and completion follows, it is a valid marriage that the parties cannot dissolve if they are otherwise competent; it is not necessary for a clergyman to be present to give validity to the marriage; the consent of the parties may be declared before a judge or simply before witnesses; or confessed or later recognized, or marriage may even be derived from permanent cohabitation and the reputation of husband and wife, except in cases of civil actions for adultery or prosecutors for bigamy. 1 silk. 119; 4 ridges. 2057; Dougl. 171; Crest.
Settl. about 509; 1 Dow, 148; 2. Dow, 482; 4 John 2; 18 John. R. 346; 6 Binn, 405; 1 penn. R. 452; 2 watts, R. 9.
But a promise to marry at a later date cannot be converted into marriage by any legal proceedings, although the violation of such a promise is the basis for a claim for damages. 13. In some States, legal provisions have been made in this regard. In Maine and Massachusetts, marriage must be entered into in the presence and consent of a judge or a confessed or ordained servant of the gospel. 7 Mass Rep. 48; 2 Green. Rep. 102. Connecticut law on this subject requires that marriage be solemnized by a clergyman or judge, and requires prior publication of the intention to marry and parental consent; It imposes a penalty on those who do not follow its rules. However, the marriage would probably be considered valid even if the provisions of the laws had not been respected. Cathedral of the Prefect. Rel.
196, 200, 290. The rule in Pennsylvania is that marriage is valid even if the instructions of the law have not been followed. 2 watts, rep. 9; 1 How. S.C.R. 219 The same rule probably applies to New Jersey; 2 Halsted, 138; New Hampshire; 2 N. H. Rep. 268; and Kentucky. 3 Marshes.
R. 370. In Louisiana, a license must be obtained from the community judge of the parish where at least one of the parties resides, and the marriage must be solemnized before a priest or minister of a religious sect or an authorized justice of the peace; It must be celebrated in the presence of three adult witnesses, and an act of celebration must be performed, signed by the person who solemnized the marriage, by the parties and the witnesses. The 89th article of the Code stipulates that such marriages are recognized only by law, since they are concluded and celebrated according to the rules it prescribes. But the Code does not annul a marriage that is not preceded by a licence and that is not supported by an act signed by a number of witnesses and parties, nor does it make such an act the exclusive proof of marriage. The laws concerning forms and ceremonies are a directory for those who have the right to solemnize marriage. 6 L. R. 470 14. A marriage entered into in a foreign country, if it is good there, would generally be considered good in that country, unless it does injustice, is against bonos or violates the firm principles and policies of our laws. History, Confl.
laws, § 87; Shelf. on M. & D. 140; 1 Boring. 188; 2 Boring. 485; 3. Johannes Kap. R. 190; 8 Ala. R. 48. 15.
Marriage is a contract which, according to its origin, must last until the death of one of the contracting parties. It is dissolved by death or divorce. 16. In some cases, such as bigamy proceedings, the common law requires proof of an actual marriage in order to convict the accused. See 6 Conn. R. 446. This rule is very nuanced. See bigamy. 17. However, for many purposes, this can be proven by the circumstances; for example, cohabitation; recognition by the parties themselves that they were married; their reception as such by their friends and relatives; their correspondence, concerning the occasional separation that spoke to each other as husband and wife; 2 Bl. R.
899; intentionally state that the marriage took place in a foreign country; 2 Moo. & R. 503; to designate their children in the baptismal registers of the parish as their legitimate descendants; 2 1073 Street; 8 Ves. 417; or if the parties have a common reputation as husband and wife. 1 Bl. R. 639; S. C. 4 Ridge 2057; Dougl. 174; Cowp. 594; 3 swans. R.
400; 8 pp. & R. 159; 2 hay. R. 3; 1 Taylor, R. 121; 1 H. & McH. 152; 2 N. & McC.
114; 5 days, R. 290; 4 R. & M. 507; 9 Mass. R. 414; 4 John 52; 18 John. 346. After his death, the presumption is generally conclusive. Cowp. 591; 6 R. T. 330 18.
The effects of marriage on civil law are as follows: 1. It confirms all marriage contracts between the parties. 19.-2. He transfers to the husband all the personal property of the wife, those which are absolutely in possession, and chooses in action, provided that he takes possession of it; It also gives the husband the right to manage the wife`s property and to enjoy the resulting benefits during their life together and after their death, if a child is born. It passes to the wife after the husband`s death, a fortune in dowry in the husband`s lands and a right to a certain part of his personal estate if he dies repaired. In some states, the wife now keeps her property separated by law. 20.-3. This creates the civil affinity that each reduces to the relationships of the other.
21.-4. It gives the husband conjugal authority over the person of his wife. 22.-5. The wife thus acquires the name of her husband, since they are considered only one of those of which he is the leader: erunt duo in carne una.