Legal Definitions - sponsalia per verba de futuro

Sponsalia per verba de futuro refers to a historical legal concept, primarily from medieval Canon Law, describing a formal promise to marry someone at a future point in time. Unlike a marriage contract made with words indicating an immediate, present union, this was an agreement for a marriage that had not yet taken place and was intended to occur later. It created an "executory contract," meaning it was a contract that still needed to be fulfilled.

Historically, this distinction was crucial because a promise to marry in the future was not considered a full marriage until it was either formally solemnized (with words indicating a present union) or, in some interpretations, physically consummated. This often led to legal disputes about the exact nature and enforceability of such promises.

• Example 1: The Royal Engagement Announcement

  Imagine a medieval kingdom where a young prince and princess, after extensive negotiations between their families, publicly declare their intention to marry in two years, once the princess reaches the age of majority. They exchange rings and make vows to each other, stating, "We promise to marry each other on the Feast of St. Michael in two years' time."

  How it illustrates the term: This scenario perfectly demonstrates sponsalia per verba de futuro because the promise explicitly states that the marriage will happen "in two years' time," clearly indicating a future event rather than an immediate union. It's a binding agreement for a marriage that is yet to occur.

• Example 2: The Conditional Promise Before a Journey

  Consider a young merchant about to embark on a long and perilous trading voyage. Before his departure, he tells his beloved, "I promise to marry you upon my safe return, provided my venture is successful and I can establish our household." She accepts his promise.

  How it illustrates the term: This is an example of sponsalia per verba de futuro because the marriage is contingent on future events (his safe return and successful venture) and is not taking place at the moment the promise is made. It represents a commitment to a future marriage, dependent on certain conditions being met.

• Example 3: A Broken Engagement Dispute in Court

  A wealthy landowner's daughter and a knight exchange promises, saying to each other, "We shall marry next spring." Before the agreed-upon wedding date, the knight finds a more advantageous match and attempts to break off the engagement. The landowner's daughter sues him in the ecclesiastical court, arguing that his promise was a binding sponsalia per verba de futuro and he must honor it.

  How it illustrates the term: This scenario highlights the legal implications and potential for disputes arising from sponsalia per verba de futuro. The promise to marry "next spring" clearly indicates a future event, making it a future-oriented engagement. The legal action demonstrates how such future promises were considered enforceable commitments, leading to "wrangling" when one party sought to renege.