The Principles of German Civil Law (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1907. Not illustrated. Excerpt: ... FAMILY LAW CHAPTER I: HUSBAND AND WIFE 1. Agreement To Marry 407. Mutual promises of marriage constitute an agreement between the parties described by the expression Verlobniss (betrothal), which, as regards the conditions of its validity and some of its consequences, is subject to the ordinary rules as to obligatory agreements. The remedies on breach of the agreement are, however, modified in the following manner: (1) an agreement to marry cannot be specifically enforced; a claim for pecuniary compensation arises, as a general rule, on breach of the agreement by one of the parties; (2) the pecuniary compensation is--except under the circumstances mentioned below sub (4)--limited to an amount indemnifying the aggrieved party for any disbursements made or undertaken in contemplation of the marriage, or for any loss incurred through any steps taken by such party in contemplation of the promised marriage affecting his property or occupation; the compensation is payable in so far only as the disbursements or steps in question were reasonable under the circumstances; a promise to pay a penalty in the event of a breach of the agreement is void; (3) the claim for compensation does not arise if the breach of promise is due to a cogent ground (e. g. the discovery of a legal impediment to the marriage, or of a circumstance which after the marriage would justify a decree of nullity or a divorce); if the ground justifying the breach of promise is a culpable act of the other party the party refusing to perform the promise is entitled to compensation from the party guilty of such culpable act; the rule as to the measure of damages is the same as in the events mentioned sub (2); (4) if an intending wife of previously unblemished moral character has been seduced by the intendin...