The phrase “marriage by contract” does not appear as a distinct, widely recognized concept in established encyclopedic sources. It is not the title of a dedicated article in major reference works, nor is it routinely used as a technical term in academic literature.
Possible Interpretations and Contextual Usage
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Historical contexts – In various societies, especially in pre‑modern Europe and parts of Asia, marital arrangements were often formalized through contracts or agreements that stipulated dowries, inheritance rights, and the duties of each party. Such arrangements are generally discussed under headings such as “marriage contracts,” “dowry agreements,” or “civil contracts of marriage,” rather than the phrase “marriage by contract.”
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Legal terminology – Modern civil law recognizes a marriage as a legal contract between two individuals, granting them rights and obligations. Discussions of this nature usually fall under “civil marriage,” “marital contract,” or “marriage law,” rather than the specific term in question.
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Sociological usage – The expression may be employed colloquially to describe a marriage entered primarily for legal, economic, or immigration purposes (e.g., “marriage of convenience”). Academic literature, however, tends to use more precise terms such as “contractual marriage,” “marriage of convenience,” or “arranged marriage” depending on the context.
Etymology
- The word “marriage” derives from the Old French mariage and Latin maritāre (“to wed”).
- “Contract” originates from the Latin contractus, meaning “a drawing together,” and in legal contexts refers to a binding agreement between parties.
When combined, the phrase simply conveys the idea of a marriage that is formalized or understood primarily as a contractual agreement, but this construction does not constitute a distinct, encyclopedically documented concept.
