Note 170 — XVI MARRIAGE AND DIVORCE UNDER ROMAN AND ENGLISH LAW
Reading edition
See Paul., Sent. Recept. xix. 8; Dig. xxii. 2. 5. The suggestion which may be found in some modern writers that Marriage fell within the class of the contracts created by the delivery of an object (the so-called Real Contracts), has no Roman authority in its favour, and is indeed based on a misconception of the nature of those four contracts, in all of which the obligation created is for the restoring of the object delivered. Marriage is assuredly not a bailment.