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Simple English definitions for legal terms
avail of marriage
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A quick definition of avail of marriage:
Term: Avail of Marriage
Definition: Avail of marriage refers to the value of a marriage. In the past, if a female ward refused a suitable match offered by her guardian, she had to pay the guardian the value of the marriage. This was the amount that a jury would assess or anyone would give to the guardian for such an alliance. It was also known as valor maritagii or valorem maritagii in Scots law.
A more thorough explanation:
Definition: Avail of marriage refers to the value of a marriage. In ancient times, if a female ward refused a suitable match offered by her guardian, she had to compensate the guardian for the value of the marriage. This compensation was known as valor maritagii.
Example: In feudal law, a guardian in chivalry had the right to offer a minor ward a suitable match. If the ward refused the match, she had to pay the guardian the value of the marriage. For instance, if a jury assessed the value of the marriage to be $10,000, the ward had to pay the guardian that amount.
Explanation: The example illustrates how the concept of avail of marriage worked in feudal law. If a female ward refused a suitable match, she had to compensate the guardian for the value of the marriage. This was to ensure that the ward did not refuse a good match without a valid reason.