Note 567 — Chapter IV · RISE OF THE MARRIAGE CONTRACT
Reading edition
Compare Bernhöft, "Principien des eur. Familienrechts," ZVR., IX, 394, 395, who believes that in Europe rape was never a "legal form" of marriage. It was merely a "preliminary act." Among primitive men no difference is made between fact and law; and only in this sense can wife-capture be regarded as the foundation of a marriage; ibid., 392, 393.