It is February 14th. The day when the florist will do brisk business, roses would be sold out and even ferns would be fetching extraordinary prices. The entire thing about loving someone and being loved by someone has been made commercial. The ones with low self esteem would be assuring themselves and the people around them on several social media platform that they are very self assured and does not need a Valentine's date to feel complete. We are humans after all, everyone craves for love and the craving gets worse on days like these.
Lets Drop the Crypto Talk
Since it is a the day when cupid is doing wonders with his arrows and making opportunities to couples to renew their vows, maybe this post should also look at the perspective of the union between a man and woman and how the law shape the relationship and the tradition that we took for granted.
Have you ever wonder why the ring is important for an engagement and marriage?
Many a times you have heard of the saying that marriage is nothing but a piece of paper. That saying of course has its roots. But it is not true to say that it is only a piece of paper. It is like saying, well, I signed that contract but its just a few sheets of paper. If you signed it, it is legally binding. In the legal context, we call it a contract of marriage when it is a union of a man and a woman.
Like all contracts, a contract can only be made by consenting adults. That is why minors do not have the capacity to marry. In some countries, a minor can marry with the consent of the parents. So, just like how you buy a car, you have to make a payment before you can own the car. This payment is what we call consideration. The purpose of sealing the contract with a ring is to signify that consideration has been given. Of course today, equality of gender is important and that is why, you have couples exchanging rings.
The word consideration used above means nothing more than giving up a thing of value to obtain a benefit. It is like paying money for a basket of oranges. It is quite interesting to know the meaning of consideration which can be found in one case Currie v Misa which held what amounts to consideration:
'A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility, given, suffered, or undertaken by the other...'
Putting Currie v Misa in the context of marriage simply means there is one party that benefit from the union whilst another would suffer some form of detriment or loss. How true!
There is one peculiarity about marriage. A marriage cannot be silently carried out. There must be some form of celebration, an announcement to the world that there is about to be a union between this man and this man. The entire village must know and rejoice the celebration. If the contract of marriage is carried out in secrecy and without the fireworks and fanfare, the entire union is void. In short, a marriage is a public affair and it must be publicly carried out. That is why in many countries, the ceremony of marriage is the formality that gives the seal to the marriage. A marriage can only be carried out by certain individuals that has been given the authority such as the clergyman, the village headman or the registrar of marriage. This is to ensure that no man or woman can marry in secrecy.
But why not? Isn't the affair of a man and woman something that ought to be behind closed doors? Well, the rationale behind this is the fact that yes, what they do under the sheets is their business but the marriage must be announced so that in the event that either party was married prior to current marriage would be committing bigamy which is a crime in many countries. Bigamy is marrying more than once. The purpose of having a public ceremony is to ensure that the public is given the chance to object to the marriage if there is any reason to do so, and one of the reason is that either one of the party to the current marriage is married. Does this phrase sound familiar to you?
If there are any objections to these 2 people getting married, speak now or forever hold your peace....
Age of Definition of Marriage
The traditional definition of marriage is very much a Christian concept and is found in the case of Hyde v Hyde
A few criteria must first be fulfilled before a marriage can take place. First, there must be consent. Secondly there must be the union. Third it can only be a situation of marriage when there is a man and a woman. Fourth, there can only be one man and one woman at any one time. I leave the extrapolation of the entire concept to my dear readers. The definition of marriage has changes so much today from what it originally was.
Sex is Important
Well, there are two views to consideration to marriage. One the the theory of the ring, which is more symbolic in existence. The second theory is the idea of consummation of marriage. If a man and a woman is married, there must be sex involved. If there is no sex involved there is no consummation of marriage and the marriage can be annulled. Because there was no consideration involved. Even the law recognises that sex is important to a marriage. Of course the law does not compel the people to fuck like rabbits but there must be some exchange of bodily fluid which is more than mere kisses. That way, the marriage is complete.
It is February the 14th, so take time out, speak to your loved ones, reaffirm your love to them and may your journey be a fruitful one with many good satisfying nights of under the sheet and again, remember, the law mandates that!
