The Formula of Offer and Acceptance, and the Words by Which Marriage Is Concluded
Is marriage concluded only by the words for marrying and giving in marriage, or also by other words such as gift, transfer of ownership and sale?
Marriage is concluded expressly by the words for marrying and for giving in marriage, and likewise by any word conveying immediate and permanent transfer of a thing itself — sale, gift, alms, conveyance — where the context shows that marriage is what is meant.
Marriage is concluded by the words for marrying and for giving in marriage, and by the word of gift provided the dower is named. Whether it is concluded by any word implying permanence, such as “I sold” or “I conveyed”, with the dower named, is disputed.
Marriage is concluded only by the express words for marrying or giving in marriage, such as “I have married you to” or “I have given you in marriage”; it is also valid if the groom says “Marry me to her” and the guardian replies “I have married you to her.” It is definitely not concluded by allusive words such as gift, sale or conveyance, even if the dower is named with them.
The conclusion of marriage is confined to the express words for marrying and giving in marriage and their derivatives; it is not concluded by gift, sale or conveyance even if the dower is named with them, for marriage is a contract in which its own revealed wording is required.