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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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The Constitutive Requisites in the Future

The Constitutive Requisites in the Future

(p.871) CHAPTER 13 The Constitutive Requisites in the Future
Common Law Marriage

Göran Lind

Oxford University Press

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 legally recognized cohabitation. This discussion is appropriate for two reasons. First, common law marriage, as a rule, has been accepted in the case law and, as a result, such discussion has seldom occurred. Second, solutions have been presented during the past thirty years in the cohabitation laws in the Western world. The chapter is directed primarily at lawmakers considering whether to recognize common law marriage or cohabitation.

Keywords:   common law marriage, informal marriage, marriage contract, cohabitation, implied agreement

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