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husband and wife |
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husband and wife, the legal aspects of the married state (for the sociological aspects, see marriage marriage, socially sanctioned union that reproduces the family. In all societies the choice of partners is generally guided by rules of exogamy (the obligation to marry outside a group); some societies also have rules of endogamy (the obligation to marry within a
..... Click the link for more information. ). The Marriage ContractMarriage is a contractual relationship between a man and a woman that vests the parties with a new legal status. Most of the requisites for other binding contracts contract, in law, a promise, enforceable by law, to perform or to refrain from performing some specified act. In a general sense, all civil obligations fall under tort or contract law. With few exceptions, a marriage validly contracted in one place is recognized in others. Thus a common-law marriage—a marriage solely by the consent and behavior of the parties, without ceremony or registration—entered into in a state where such unions are valid will be deemed binding in states where a license to marry and a civil or religious solemnization are required. At an early period, common-law marriages were frequent in Europe; the difficulties arising from them—e.g., the doubtful legitimacy of children—led to their complete prohibition in Roman Catholic countries by the Council of Trent Trent, Council of, 1545–47, 1551–52, 1562–63, 19th ecumenical council of the Roman Catholic Church, convoked to meet the crisis of the Protestant Reformation. Same-sex marriages, with all but a few of the legal aspects of traditional marriages, have recently been recognized in a few European nations. In the United States, local officials have from time to time registered same-sex couples or solemnized their marriages. At present, however, Vermont is the only state that grants any official recognition to a homosexual union. In some places local authorities have established "domestic partner" laws, granted "certificates of cohabitation," or undertaken similar steps in order to afford homosexual (and some other) couples various rights society reserves for marital partners. Evolution of Marriage LawThe former Anglo-American law of marriage was chiefly characterized by the view that husband and wife are one legal personality, for whom the husband acts. Accordingly, the husband determined the marital domicile and was the dominant figure in the relation of parent and child parent and child, legal relationship, created by biological (birth) relationship or by adoption, that confers certain rights and duties on parent and child; in some states the courts have given the nonbiological, nonadoptive partner of a parent standing as a parent In time, the equity equity, principles of justice originally developed by the English chancellor. In Anglo-American jurisprudence equitable principles and remedies are distinguished from the older system that the common law courts evolved. Other features of the older laws on marriage have persisted, but many have been modified or eliminated. Certain old civil actions for injury to the marital relation that were once available only to the husband, such as actions for criminal conversation (adultery), actions for loss of consortium (marital services) because of physical injury to the wife, and for alienation of the wife's affections, are now either extended to the wife or denied to both parties. BibliographySee J. Henslin, Marriage and Family in a Changing Society (2d ed. 1985). Want to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit the webmaster's page for free fun content. |
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