Marriage as a contract

In English law, marriage is an agreement by which a man and woman enter into a certain legal relationship with each other and which creates mutual rights and duties. Marriage is clearly a contract, it may be void or voidable. But it is, of course, quite unlike any commercial contract.

A marriage may only be contracted if special formalities are carried. The grounds on which a marriage may be void or voidable are for the most part completely different from those on which other contracts may be void or voidable. A contract of marriage cannot be discharged by agreement, frustration or breach. Apart from death, it can be terminated only by a decree of dissolution (or divorce) pronounced by a court of competent jurisdiction. Provided that they do not offend against rules of public policy or statutory prohibitions, the parties to a commercial contract may make such terms as they think fit. But the fact that marriage creates a status limits the parties' power to make their own terms and also may affect their legal rights and duties with respect to other persons.

Task 1

Study the following words and expressions and memorize them:

Agreement [∂ g'ri: m∂ nt] – соглашение, договор

Mutual ['mju: tu∂ l] – взаимный

Void ['void] – недействительный

Frustration [fr∂ s'trei∫ n] – расстройство планов

Breach ['bri: t∫ ] – разрыв отношений

Fit – подходящий

To discharge [dis't∫ a: dз] – разрывать, расторгать

To terminate ['t∂: mineit] – положить конец, завершить

Decree [di'kri: ] – постановление

Dissolution [¸ dis∂ 'lu: ∫ ∂ n] – расторжение, ликвидация

Divorce [di'vo: s] – развод

To offend against smth – нарушать что-либо

Statutory ['stæ tjut∂ ri] – установленный законом

Prohibition [¸ pr∂ hi'bi∫ ∂ n] – запрещение

Voidable – действительный

Task 2

Do the following exercises on the text.

Exercise 1. Find English equivalents in the text.

q брак

q недействительный брак

q противоречить правилам

q подходящие условия

q расторгать брак

q законные права и обязанности

Exercise 2. Match the words from the two columns. Translate the phrases.

Exercise 3. Find the international words in the text.

Exercise 4. Find the sentences with modal verbs in the text and translate them.

Exercise 5. Complete the sentences. Consult the text.

1. Marriage is quite unlike ________.

2. A marriage may only be contracted if ________.

3. The parties may make the terms as ________.

Exercise 6. Answer the questions.

1. What is marriage in English law?

2. Is marriage like any commercial contract?

3. How many dissimilarities do we find between marriage and any commercial contract?

4. When may a marriage be contracted?

5. How can a voidable marriage be terminated?

6. Can the parties make their own terms for contracting a marriage?

Exercise 7. Agree or disagree to the following statements.

1. Marriage like other contracts may be void or voidable?

2. No special formalities are carried out in contracting a marriage.

3. A contract of marriage can be discharged by agreement of the parties concerned.

4. Marriage limits the parties power to make their own terms.

5. Marriage doesn’t affect the legal rights and duties of the parties with respect to other persons.

Exercise 8. Make up the plan of the text.

Exercise 9. Retell the text.

UNIT 6