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Maynard v. Hill

    Brief Fact Summary. A brief discussion regarding the legal nature of marriage.

    Synopsis of Rule of Law. Marriage creates rights, duties and obligations of law, consisting of more than a civil contract.

    Facts. A brief discussion regarding the legal nature of marriage.

    Issue. Is marriage a contract, a status, or does it retain features of both?

    Held. Marriage is more than a mere contract. Although it requires consent of two parties, it creates a relation between the parties that cannot be changed. Marriage is an institution, a social relationship comparable to that between a parent and a child.

    Discussion. This is a short excerpt from a case addressing the nature of marriage. The decision addressed the fact that although marriage is often termed as a civil contract, the rights, duties and obligations established are those of law, not of contract.


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