Excerpt from Laws of California Relating to Women and Children
Chapter. I. - As To Husband
Marriage.
Following the common law of England, the law of California regards marriage as a purely civil contract.
The Civil Code of California defines marriage as follows: "Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making the contract is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization, or by a mutual assumption of marital rights, duties or obligations." Civil Code, Sec. 55.
Elements of Contract.
The essential elements of contract are -
1. Parties capable of contracting.
2. Their consent.
3. A lawful object.
4. A cause or consideration. Civil Code, Sec. 1550.
Hence, to constitute a valid marriage, two competent parties must freely consent to marry each other.
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