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Common Law MarriageA Legal Institution for Cohabitation$
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Göran Lind

Print publication date: 2008

Print ISBN-13: 9780195366815

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195366815.001.0001

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Scottish Irregular Marriages

Scottish Irregular Marriages

Chapter:
(p.739) CHAPTER 11 Scottish Irregular Marriages
Source:
Common Law Marriage
Author(s):

Göran Lind

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195366815.003.0011

This chapter discusses the Scottish law on irregular marriages. Two medieval canon law models of marriage were valid in Scotland. The first was marriage per verba de praesenti, in other words, marriage through an agreement as to a present or immediately valid marriage; the second was marriage per verba de futuro cum copula caralis, in other words, marriage through an agreement as to a future marriage with subsequent consummation. In Scotland, these two medieval forms were customarily called irregular marriages and were not repealed until 1940. Today, in Scotland, a third type of irregular marriage, namely, marriage by cohabitation with habit and repute, was valid until 2006.

Keywords:   Scottish law, marriage, cohabitation, canon law

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