(8) absence of the ward [1] for a prolonged period, such as furnishes a presumption of his death, in which case his property is divided amongst his testamentary or intestate heirs, security being given for its return in the event of the ward's reappearance; (9) (in South Africa) the insolvency of the guardian [2] and, so far as concerns the property, of the ward.[3]
CHAPTER V
MARRIAGE
The union of man and wife in marriage produces important consequences in the Law of Persons. In this chapter we shall consider: (1) the contract to marry; (2) the legal requisites of marriage; (3) the consequences of marriage; (4) antenuptial contracts; (5) the dissolution of marriage; (6) some miscellaneous matters relating to marriage.
Section 1. The Contract to Marry
The promise to marry. Marriage is commonly preceded by espousals,[4] which constitute a binding contract between the parties.[5] No form is prescribed for the contract.[6] Any persons competent to intermarry may validly engage themselves.[7] This excludes boys and girls below fourteen and twelve years of age respectively.[8] By the Dutch Law young persons who have passed this limit but not reached the age of twenty-five[9] (if males), of twenty (if females), cannot
contract a valid engagement without the consent of father- ↑ Gr. 1. 10. 5, and Schorer's note; V. d. K. Th. 163.
- ↑ Supra, p. 62. In Brit. Gui. guardianship is not ipso jure determined by the guardian's insolvency [G.].
- ↑ In re Jones (1885) 5 E. D. C. 34; 1 Maasdorp, p. 264.
- ↑ Van Leeuwen, lib. 4, cap. 25; V. d. L. 1. 3. 2.
- ↑ 5 Voet, 23. 1. 12.
- ↑ Cens. For. 1. 1. 11.12; Voet, 23. 1. 1. In Ceylon writing is required. Ord. No. 19 of 1907, sec. 21.
- ↑ V. d. L., ubi sup.
- ↑ Cens. For. 1. 1. 11. 12; V. d. K. Th. 52; but see Voet, 23. 1. 2.
- ↑ The age is now twenty-one for both sexes. Duncan v. R. M. Mossel Bay (1905) 22 S. C. 587. Supra, p. 37.
