5 Questions
What is the primary basis of civil marriage in modern law?
Traditional common law marriage
Which of the following is a rule of traditional common law marriage that still applies to modern civil marriage?
That spouses must support each other financially
What is the main difference between the traditional definition of marriage and the redefined version?
The gender of the partners
Which of the following is NOT a characteristic of civil marriage?
It is a union between three people
What is the main influence on modern civil marriage laws?
Statute law
Study Notes
Civil Marriage
- A civil marriage is a marriage in terms of the Marriage Act or the Civil Union Act.
- Traditionally, marriage was defined as a union between one man and one woman, but now includes same-sex couples.
- The redefined concept of civil marriage is a legally recognized voluntary union for life of two people to the exclusion of all others.
Common Law Marriage Influence
- Civil marriage is based on traditional common law marriage, influenced by old Roman-Dutch authorities such as Grotius and Voet.
- Many traditional rules of common law marriage remain in modern civil marriage, including rules about spousal support and cohabitation.
- However, several traditional rules of common law marriage have been abolished or substantially changed in modern civil marriage.
Explore the concept of civil marriage, its legal recognition, and the evolution of its definition to include same-sex couples.
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