Two ancient institutions of mankind, „Engagement” and „Marriage”, in the light of the biblical and legal texts. Some considerations and assessments

Abstract

A hermeneutical examination to both biblical text (Old and New Testament) and of the legal texts, has enabled us to ascertain that the institution of marriage - preceded by betrothal – have their primary legal basis in jus divinum (divine law) and jus naturale (natural law), or better said in the natural-moral law, and then in jus scriptum.
We have also remarked that the provisions of principle laid down in divine law and natural law, concerning engagement and marriage, have been taken up and affirmed both in the jus gentium, and in Roman law ('vetus' (old) and 'novum' (new), alias Byzantine law), and through them in international and national matrimonial law.
Hence, therefore, the duty of any research (jurist and historian of the legal institutions), who wants to speak about the two ancient institutions of mankind, id est Engagement and Marriage, to resort both to the biblical text of the Old and New Testament, that is with Bible, and to the legal texts (from Antiquity until our days).