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Full-Text Articles in Law

The Putative Marriage Doctrine, Christopher L. Blakesley Jan 1985

The Putative Marriage Doctrine, Christopher L. Blakesley

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The classic putative marriage doctrine is substantive, ameliorative or corrective; it is designed to allow all the civil effects -- rights, privileges, and benefits -- which obtain in a legal marriage to flow to parties to a null marriage who had a good faith belief that their "marriage" was legal and valid. Most jurisdictions in the United States have developed equitable analogues to the putative spouse doctrine that provide all or part of the relief afforded by the classic doctrine.

If a marriage is declared to be null or void, that declaration is retroactive to the day that the null …


Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary Jan 1985

Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary

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This Article highlights significant developments in trial practice and procedure during the survey period. These developments include legislative changes that extend the privilege of renewal to actions first commenced in federal court and that shorten slightly the period in which a plaintiff can voluntarily dismiss an action by notice. An important judicial contribution occurred when the supreme court adopted the Uniform Superior Court Rules and similar rules for each of the other classes of trial courts. These uniform rules apply statewide and supersede and limit local rules of court. The new uniform rules deserve careful reading in their entirety, but …