In the English Common Law Tradition a Marriage Was a Contract Based on

In the English common law tradition, a marriage was a contract based on mutual consent and obligation between a man and a woman. This tradition, which dates back to the Middle Ages, formed the foundation of modern marriage laws in many parts of the world.

Under English common law, marriage was seen as a type of contract, or agreement, between two parties. This contract was based on the mutual consent of the couple, who agreed to enter into a lifelong commitment to each other.

One of the key obligations of this contract was the duty of the husband to provide for his wife. This obligation was known as the “marital duty of support,” and it required the husband to provide his wife with food, shelter, and other necessities of life.

In addition to the duty of support, the marriage contract also imposed various other obligations on the couple. For example, the wife was obligated to be faithful to her husband, while the husband was obligated to protect his wife and provide her with a safe and secure home.

Despite these obligations, however, the marriage contract was seen as a largely private matter, and there was little government regulation of marriage in the early modern period.

It wasn`t until the 19th century that governments began to take a more active role in regulating marriage. In the United States, for example, several states passed laws requiring couples to obtain a marriage license before they could legally wed.

Today, the English common law tradition of marriage as a contract continues to influence modern marriage laws. Although the obligations and responsibilities of the husband and wife have evolved over time, the fundamental idea of marriage as a contractual relationship remains at the heart of many legal systems around the world.

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