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This chapter explores marriage as a contract governed by the same rules that apply to other contracts. It highlights the limited rights of minors to marry, noting that their capacity to enter contracts is restricted. Minors can marry with parental consent at specific ages, and certain factors such as military enlistment or pregnancy may influence this capacity. The chapter also discusses the legal effects of marriage, emphasizing that marriage can lead to the emancipation of minors, conferring upon them specific legal rights and responsibilities.
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Marriage • Marriage is a contract—rules of contracts apply • Minors’ rights to marry are limited because their rights to enter contracts are limited
Requirements for Valid Contract • Capacity to contract • Minors do not have such capacity • Minors’ contracts are voidable if lawful, void if unlawful
Capacity to Marry • State statutes give minors the right to marry at certain minimum ages with consent of parents and at other ages without consent of parents • Other factors, such as enlistment in the military or pregnancy, can affect capacity to marry
Legal Effect of Marriage • Minor becomes emancipated
