Duran v. Duran [1904] ScotLR 42_69 (18 November 1904)

Duran v. Duran [1904] ScotLR 42_69 (18 November 1904)

Where a written declaration of marriage is signed by both parties before witnesses, and one party sincerely intends marriage while the other induces that belief, a valid marriage is constituted under Scots law, regardless of any undisclosed mental reservation by the other party.

Citation
[1904] ScotLR 42_69
Parties
Pursuer/respondent: Christina Sophia Keith or Morse or Duran; Defender/reclaimer: Francis Duran
Jurisdiction
Scotland
Judgment Date
18 November 1904
Procedural Posture
Declarator of Marriage / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division
Outcome
appeal dismissed; interlocutor of Lord Ordinary affirmed
Legal Topics
Marriage by Mutual Declaration, Proof of Intention, Effect of Mental Reservation, Validity of Marriage, Scottish Marriage Law
Family Law Marriage by Mutual Declaration Proof of Intention Effect of Mental Reservation Validity of Marriage Scottish Marriage Law

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Parties

Christina Sophia Keith or Morse or Duran

Pursuer/respondent

Francis Duran

Defender/reclaimer

Procedural Posture

Declarator of Marriage / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 Whether a written mutual declaration of marriage, signed by both parties, constitutes a valid marriage under Scots law without further evidence of intention.
  2. 2 Whether mental reservation by one party can prevent the constitution of marriage if the other party sincerely intends marriage.

Ratio Decidendi

Where a written declaration of marriage is signed by both parties before witnesses, and one party sincerely intends marriage while the other induces that belief, a valid marriage is constituted under Scots law, regardless of any undisclosed mental reservation by the other party.

Court Disposition

appeal dismissed; interlocutor of Lord Ordinary affirmed

Orders

  • Finds and declares that on or about 19th November 1902 the pursuer and defender were lawfully married to each other at Glasgow by mutual declaration, subscribed by the parties before witnesses.