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Conflict of Laws and Choice of Law

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0010
Subject:
Law, Family Law

This chapter examines how the conflict of laws principles are applied to the issue of whether a common law marriage has been established between parties with connections to states other than the ... More


Arguments for and Against Common Law Marriage and Cohabitation Law

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0014
Subject:
Law, Family Law

This chapter, addressed primarily to legislative bodies considering repealing or enacting common law marriage or other cohabitation legislation, discusses the reasons that support these legal ... More


Common Law Marriage: A Legal Institution for Cohabitation

Göran Lind

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.001.0001
Subject:
Law, Family Law

This book is a comprehensive analysis of common law marriage. Part I provides a cultural and historical history of the subject, from Ancient Roman Law to Medieval Canon Law, and analyzes the ... More


Implied Marriage Agreements

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0007
Subject:
Law, Family Law

This chapter focuses on several aspects concerning inferred agreements in relation to marriage contracts. Section 7.2 addresses the reasons for accepting inferred agreements, with the establishment ... More


Common-Law Marriage

Joanna L. Grossman and Lawrence M. Friedman

in Inside the Castle: Law and the Family in 20th Century America

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691149820
eISBN:
9781400839773
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691149820.003.0004
Subject:
Law, Family Law

This chapter describes the adventures—and the decline and fall—of the doctrine of common-law marriage in the twentieth century. A common-law marriage was an informal, but perfectly legal, marriage. ... More


The Constitutive Requisites in the Future

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0013
Subject:
Law, Family Law

This chapter focuses on a critical discussion concerning the different constructions of the constitutive elements and presumptions applicable in the establishment of a common law marriage and a ... More


Minimizing Marriage: What Political Liberalism Implies for Marriage Law

Elizabeth Brake

in Minimizing Marriage: Marriage, Morality, and the Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199774142
eISBN:
9780199933228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199774142.003.0008
Subject:
Philosophy, Feminist Philosophy

Chapter 7 takes up the challenges of the preceding chapters by providing a strong rationale for a reformed marriage law. This proposal, ‘minimal marriage’, is a legal framework which avoids ... More


Introduction

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0001
Subject:
Law, Family Law

This chapter begins with a discussion of common law marriage in American law, including its definition, jurisdictions that recognize common law marriage, and the need for more in-depth legal ... More


Marriage

William Cornish

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0024
Subject:
Law, Legal History

This chapter on marriage in the 19th century covers the values of marriage, the capacity to marry and nullification, the prohibited degrees of marital relationship, pre-contracts and religious ... More


Making Pronatalist Law

Leslie Tuttle

in Conceiving the Old Regime: Pronatalism and the Politics of Reproduction in Early Modern France

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195381603
eISBN:
9780199870295
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195381603.003.0003
Subject:
History, European Early Modern History, Political History

The 1666 pronatalist Edict on Marriage was formulated by Jean‐Baptiste Colbert and hand‐picked advisors from the Council of Justice, a group of royal legal advisors who met from 1665 through the ... More


A New Model of Marriage

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0015
Subject:
Law, Family Law

This chapter focuses on a new model of formal marriage, one that avoids the problems of cohabitation legislation, and can be attractive to couples who will be starting families in the future as well ... More


Marriage in Law and Practice 1

Christopher N. L. Brooke

in The Medieval Idea of Marriage

Published in print:
1994
Published Online:
October 2011
ISBN:
9780198205043
eISBN:
9780191676468
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198205043.003.0006
Subject:
History, European Medieval History, History of Ideas

This chapter discusses marriage practices in France particularly among nobility and royalty during the 11th and 12th century. It looks also at the seeming indifference and lack of control of the ... More


Activist

Gail Hershatter

in The Gender of Memory: Rural Women and China's Collective Past

Published in print:
2011
Published Online:
March 2012
ISBN:
9780520267701
eISBN:
9780520950344
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520267701.003.0005
Subject:
History, Asian History

This chapter focuses on the political activities of rural Chinese women during the 1950s. It re-examines the party-state campaign for marriage reform initiated by the Marriage Law. It discusses the ... More


Marriage

Elizabeth Price Foley

in Liberty for All: Reclaiming Individual Privacy in a New Era of Public Morality

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300109832
eISBN:
9780300134995
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300109832.003.0004
Subject:
History, Social History

Laws relating to marriage illustrate the tension between individual privacy and public morality. There are many different laws that limit when, how, and to whom a person may be married. This chapter ... More


Women's Dharma: Śāstric Norms and Epic Narratives

Alf Hiltebeitel

in Dharma: Its Early History in Law, Religion, and Narrative

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195394238
eISBN:
9780199897452
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195394238.003.0008
Subject:
Religion, Hinduism

This chapter explores the topics of strīdharma or womens's dharma and marriage law as the Mahābhārata portrays them through the three generations of dynastic instability that precede the generation ... More


Hindu Marriage Law

Menski Werner

in Hindu Law: Beyond Tradition and Modernity

Published in print:
2009
Published Online:
October 2012
ISBN:
9780195699210
eISBN:
9780199080298
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195699210.003.0008
Subject:
Law, Family Law

This chapter discusses the Hindu marriage law. It shows that neither the Anglo-Hindu interventions, nor the modernist reforms of the 1950s in independent India, brought about any substantive change ... More


Revolutionizing the Family: Politics, Love, and Divorce in Urban and Rural China, 1949-1968

Neil Diamant

Published in print:
2000
Published Online:
March 2012
ISBN:
9780520217201
eISBN:
9780520922389
Item type:
book
Publisher:
University of California Press
DOI:
10.1525/california/9780520217201.001.0001
Subject:
History, Asian History

In 1950, China's new Communist government enacted a Marriage Law to allow free choice in marriage and easier access to divorce. Prohibiting arranged marriages, concubinage, and bigamy, it was one of ... More


The Law and Custom of Marriage

Lawrence Stone

in Road to Divorce: England 1530-1987

Published in print:
1990
Published Online:
October 2011
ISBN:
9780198226512
eISBN:
9780191678646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198226512.003.0002
Subject:
History, British and Irish Early Modern History, Social History

This chapter discusses the law and custom of marriage. The second section discusses modes of courtship. There were three modes of courtship in early modern England, each of which was characteristic ... More


Family Reform in the Southwest Frontier, 1950–1953

in Revolutionizing the Family: Politics, Love, and Divorce in Urban and Rural China, 1949-1968

Published in print:
2000
Published Online:
March 2012
ISBN:
9780520217201
eISBN:
9780520922389
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520217201.003.0004
Subject:
History, Asian History

This chapter evaluates the implementation of the Marriage Law in China's southwest frontier during the period from 1950 to 1953. It shows that both Han men and women in Yunnan from various ethnic ... More


“The Pivot of the Marriage Relation”

Tracy A. Thomas

in Elizabeth Cady Stanton and the Feminist Foundations of Family Law

Published in print:
2016
Published Online:
September 2017
ISBN:
9780814783047
eISBN:
9781479853892
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814783047.003.0003
Subject:
History, History of Ideas

This chapter delves into Elizabeth Cady Stanton’s critique of marriage and its resulting gender inequality. Contradicting Victorian notions of sentimental marriage, Stanton exposed the way legal and ... More


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