Common Law Marriage

Common Law Marriage : A Legal Institution for Cohabitation

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Description

One of family law's greatest challenges within the 21st Century is facing the decreased rate of marriages and the increased number of unmarried co-habiting couples. All over the world, lawmakers and courts have met this challenge with different legal solutions. Currently, eleven American jurisdictions recognize the doctrine of common law marriage, but for other jurisdictions have abolished the doctrine within the last fifteen years. Common Law Marriage presents a thorough legal history of common law marriage, from its origins to current law and possible future developments in law. Dr. Goran Lind researches current law by analyzing American cases, discussing the legal requirements for the establishment of a common law marriage, as to capacity, contract, implied agreement, cohabitation, holding out, and burdens of proof. As Lind points out, due to the choice of law principles, courts all over the United States must decide on common law marriages on a case-by-case basis. As long as couples move from one state to another, individual state courts in the United States must apply the doctrine of common law marriage and decide if such a marriage has been established when a couple has lived in, or visited, a common law marriage state. Common Law Marriage provides an avid look at the level of expertise regarding the doctrine of common law marriage and expresses the evident need for guidance concerning it.show more

Product details

  • Hardback | 1246 pages
  • 158 x 240 x 62mm | 1,841.58g
  • Oxford University Press Inc
  • New York, United States
  • English
  • 1 ht
  • 0195366816
  • 9780195366815

Review quote

Professor Lind's work is extremely timely and his research is extremely thorough. He offers both a contemporary and an historical perspective and his analysis is careful and thoughtful. It provides the information that policymakers and scholars need, and does so in a thorough and unbiased manner. I expect that this book will have a significant impact on the development of the law governing cohabitation." Marsha Garrison, Brooklyn Law School This is the definitive work on U.S. common law marriage. Scholars of family law across the US will be very glad Professor Lind undertook this project. Professor Lind's book provides very helpful information about how common law marriage developed. His chapters on informal marriage under Roman and Canon law, provide a helpful survey of the legal historical background out of which common law marriage emerged." J. Thomas Oldham, University of Houston Law Center Professor Lind's work is extremely timely and his research is extremely thorough. He offers both a contemporary and an historical perspective and his analysis is careful and thoughtful. It provides the information that policymakers and scholars need, and does so in a thorough and unbiased manner. I expect that this book will have a significant impact on the development of the law governing cohabitation." Marsha Garrison, Brooklyn Law School This is the definitive work on U.S. common law marriage. Scholars of family law across the US will be very glad Professor Lind undertook this project. Professor Lind's book provides very helpful information about how common law marriage developed. His chapters on informal marriage under Roman and Canon law, provide a helpful survey of the legal historical background out of which common law marriage emerged." J. Thomas Oldham, University of Houston Law Centershow more

About Goran Lind

Goran Lind is the Manager of The JURA Law Institute in Uppsala, Sweden, which educates practitioners, from judges to attorneys, on the entire field of law. He received his Bachelor of Laws and Doctor of Laws from the University of Uppsala in Sweden, where he is currently an Associate Professor on the Faculty of Law. Professor Goran Lind is a Doctor of Laws and an Associate Professor on the faculty of law at the University of Uppsala and elected best teacher by his students. Lind is also the general manager of the Jura Law Institute, which educates judges, attorneys, solicitors and other practicing lawyers on the whole field of law. Lind's special legal interests include writing books and articles on family law, inheritance law, statute interpretation law, international private law and comparative law. Professor Lind is the author of books and articles on family law, inheritance law, statute interpretation law, international private law and comparative law.show more

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