family law

Sometimes, when a party owes others legal duties, the party posts a surety bond to guarantee their performance. The surety bond is like a security deposit, with the party promising to do something as the renter and person they owe obligations to, or obligee, is like the landlord. Thus, if the party that made the promise fails to perform their duty, the obligee is compensated out of the bond. 

children's rights: an overview

A child is a person and not a subperson over whom the parent has an absolute possessory interest. The term "child" does not necessarily mean minor but can include adult children as well as adult nondependent children. Children are generally afforded the basic rights embodied by the Constitution. See Civil Rights of Children.

estates and trusts: an overview

During the early 1500's in England landowners found it advantageous to convey the legal title of their land to third parties while retaining the benefits of ownership. Because they were not the real "owners" of the land, and wealth was primarily measured by the amount of land owned, they were immune from creditors and may have absolved themselves of some feudal obligations. While feudal concerns no longer exist and wealth is held in many forms other than land (i.e., stocks, bonds, bank accounts), the idea of placing property in third party hands for the benefit of another has survived and prospered. This is the idea of a trust.

Definition

The legal union of a couple as spouses.  The basic elements of a marriage are: (1) the parties' legal ability to marry each other, (2) mutual consent of the parties, and (3) a marriage contract as required by law.

See also Common-law marriage.

Overview

In the English common law tradition from which our legal doctrines and concepts have developed, a marriage was a contract based upon a voluntary private agreement by a man and a woman to become husband and wife. Marriage was viewed as the basis of the family unit and vital to the preservation of morals and civilization. Traditionally, the husband had a duty to provide a safe house, pay for necessities such as food and clothing, and live in the house. The wife's obligations were maintaining a home, living in the home, having sexual relations with her husband, and rearing the couple's children. Today, the underlying concept that marriage is a legal contract still remains, but due to changes in society the legal obligations are not the same.