Marriage As A Contract And As An Institution

Marriage as a contract and as an institution

In this essay we will talk about a division that has occurred over time, we will understand about marriage as a contract and as an institution, since there are different types of view by various authors.

The marriage itself can establish as the union of a man and a woman this in order to procreate, it is believed that marriage can be considered as an institution because there are people who are obliged to legalize this act while other authors believewhich is as a contract, since between the two people there are norms that both people must comply

Next we will understand the two points of view, understand why there are controversies and finally we will understand and know concepts about the subject

Marriage as a contract

It is a contract because it is born from the agreement of wills, so that if said agreement does not exist or is vitiated, the marriage-control does not pace the life of the right (Vázquez-García-Peñuela & Vázquez García-Peñuela, 1999)

Therefore we consider marriage in this way because there must be mutual consent between the two people, since if there was no agreement between both parties, there could be no marriage as such

Whereby a man and a woman join in order to live together, procreate and help each other, it should also be noted that the spouses enjoy the same rights and obligations within the marriage (Adelaida Mendez Villegas & Education, Catholic University of Leuven(UCL), 316AD)

In the same way, it is involved with norms and rules, but the specific definition is that it is generated through a mutual consent of the parties, in order to complete with the purpose of marriage

Marriage as an institution

Marriage constitutes a true institution, since it exists and is the set of norms to which marriage governs, and there are entities that provide validity (Palafox, 1998)

What we understand here is that marriage as such consists of a group of norms to which we must obey to establish a good relationship

The marriage considered an institution, is the most correct and adequate acceptance, taking into account our laws applicable to the same that are subject to norms and rights and obligations (Salinas, 2014)

As a clarification of this tells us that it is essential that in a marriage there are norms, obligation to help us maintain a stable relationship and that governs their competences

Conclusions

Finally we can establish that the difference of these two types of marriage are that the first (marriage as a contract) is first integrated by a mutual agreement with norms already provided for in marriage and that both parties are willing to accept them to generate the success of the marriage

While marriage as an institution is a link between the members who are recognized by society under a superior authority that validates this, there are various ways of the use and various customs. It is also considered as a disciplinary union and is enshrined in the State

Bibliography

• Adelaida Mendez Villegas, student of T. C. in c. DE LA, & EDUCACIÓN, CATHOLIC UNIVERSITY OF LOVAINA (UCL), B. (316AD). Pedagogical terminology Specific to competency approach: the concept of competition. 400.
• Palafox, s. A. (1998). Marriage. 195–196.
• Salinas, j. J. (2014). Marriage as an institution of constitutional law. His consolidation as a human right.
• Vázquez-García-Peñuela, J., & Vázquez García-Peñuela, J. (1999). Marriage is a contract (specifically a society contract). Ius canonicum, 39 (1), 547–558.