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Questions and Answers
What is the primary basis of civil marriage in modern law?
What is the primary basis of civil marriage in modern law?
- The Civil Union Act
- Traditional common law marriage (correct)
- The Marriage Act
- Roman-Dutch authorities
Which of the following is a rule of traditional common law marriage that still applies to modern civil marriage?
Which of the following is a rule of traditional common law marriage that still applies to modern civil marriage?
- That marriage must be between a man and a woman
- That marriage can be dissolved at will
- That spouses must support each other financially (correct)
- That marriage requires parental consent
What is the main difference between the traditional definition of marriage and the redefined version?
What is the main difference between the traditional definition of marriage and the redefined version?
- The requirement of exclusivity
- The number of people involved
- The gender of the partners (correct)
- The legality of the union
Which of the following is NOT a characteristic of civil marriage?
Which of the following is NOT a characteristic of civil marriage?
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What is the main influence on modern civil marriage laws?
What is the main influence on modern civil marriage laws?
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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.
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