Promises of marriage in Maltese law

Abstract

IT is too well known what betrothal is to start in tile hackneyed way of laying down a general definition. We must however refer to its purposes in order to realize the important piece it occupies in social life and therefore also in law. The modern systems regulating the relations arising from such promises of marriage are an elaboration of what Roman Law laid down and therefore a short reference will have to be made to this source. The whole question is socially of very great consequence and for this reason particular norms regulating it were to be found everywhere and at all ages, the only exception being in those places where women were not held in high esteem and where polygamy was admitted. The importance of betrothal grew as civilization progressed, and as the attitude of society towards women became more liberal. Its purpose is to prevent ill-advised and immature unions and to secure future happiness by revealing obstacles which otherwise would only have been known too late. It constitutes a reciprocal exchange of promises which does not merely create a social relation but it definitely establishes according to the jus comune a juridical bond from which important consequences follow. Not all laws agree on the nature of the effects arising from this bond, and particularly the Italian Code contains an exception to the principles of the jus comune of which we shall speak later on.