Sponsalia de futuro

Sponsalia de futuro (or sponsalia pro futuro, also stipulatio sponsalitia) was a Canon form of engagement used by medieval rulers in cases when one or both future spouses were minors. It was seen as a precursor to valid marriage. In order to celebrate a sponsalia de futuro, both children had to be older than seven.

History

It was Peter Lombard who introduced the distinction between a sponsalia de praesenti and a sponsalia de futuro. While the former, a promise of an immediately effective marriage, created a marriage that could not be dissolved, the latter concerned only a future marriage and as such was seen as a betrothal dissoluble[1] by the mutual consent of the involved parties. It was presumed that the consummation of marriage included the sponsalia de praesenti and thus rendered the sponsalia de futuro a valid marriage.[2]

See also

References

Citations
  1. Lind, 105.
  2. Lind, 109.

Bibliography
  • Lind, Göran (2008). Common Law Marriage: A Legal Institution for Cohabitation. Oxford University Press. ISBN 0195366816.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.