ABSTRACT

Marriage is the commitment made by two people of different sexes to unite in order to form a society called the family. If human marriage is a union with a commitment to form a society, it differs essentially from concubinage, which is a union without a commitment to form a society, and still more from vague libertinism, which is a union with an intention not to form a society. The end of marriage is therefore not the happiness of the spouses, if by happiness one understands an idyllic pleasure of the heart and senses, which the man who loves independence finds far more readily in unions without a commitment. The motives for indissolubility are taken from both domestic and public society, because marriage is both domestic in its principle and public in its effects. Marriage is therefore indissoluble in terms of the domestic and public states of society. Divorce is therefore contrary to the principle of society.