Abstract

Fundamentally, the law of annulment is a specialized branch of the law of rescission of contracts. Without here entering into any debatement over whether or not marriage is only a civil contract,l it is clear that it is a status2 which is created by contract; and it is also true that, in broad terms, the requisites of marriage are those of any civil contract-that is, there must be parties capable of contracting, who must evidence their consent in an appropriate manner. It is, of course, to the law of marriage, rather than to the law of annulment, that we turn for the answers to many of the fundamental problems that face us, for it is that law which decrees who is capable of contracting marriage, and it is that law which decrees the formalities by which consent must be evidenced.

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