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NeCede's

Maxim 4.1.2

Not cohabitation but consent makes marriage.

Nuptias non concubitus sed consensus facit.

Source: Coke, Co. Litt. 33a; Dig. 50, 17, 30; Jackson, *Latin for Lawyers* (1915), Max. 739 Difficulty 2/5 — Approachable

Explanation

Marriage is constituted by the voluntary agreement of the parties, not by mere cohabitation — consent is its essential element.

Where this applies

  • A couple lives together and claims to be married without any formal ceremony.
  • Someone argues that living together for years automatically creates a marriage.

Topics

Marriage & Family

Legal domains

family

See also

Cite this maxim

NeCede Max. 4.1.2 — Not cohabitation but consent makes marriage. — Coke, Co. Litt. 33a; Dig. 50, 17, 30; Jackson, *Latin for Lawyers* (1915), Max. 739 (Nuptias non concubitus sed consensus facit.)

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