Note 574 — Chapter IV · RISE OF THE MARRIAGE CONTRACT

The view presented in the text should be compared with Bernhöft's judgment. Granting that capture was crowded out by purchase, he does not think, with Dargun, that it was effected through abduction by prior or subsequent payment of the composition or price; but rather that it gradually disappeared in consequence of the severe penalties imposed for breach of the law and other disadvantages; so that "in Folge dessen der schon früher durchaus übliche Kauf zur alleinigen Eheschliessungsform wurde."—"Principien des eur. Familienrechts," ZVR., IX, 401. Cf. the theory of Hildebrand, Ueber das Problem, 17-22, who thinks rape follows purchase, at least in the form of gifts, but that it is of comparatively little importance; and Mucke, Horde und Familie, 111 ff., 139 ff., who reaches the same result in a different way. See also Dargun, Mutterrecht und Vaterrecht. 120-22, 127, where the "illegal" nature of capture is admitted.