Chapter 106

NOTES OF DECISIONS

      Regulation of marriage is exclusively within province of state’s legislative power. Li v. State of Oregon, 338 Or 376, 110 P3d 91 (2005)

      106.010

NOTES OF DECISIONS

      Definition of marriage as contract “entered into” by males and females restricts marriage to contract between male and female. Li v. State of Oregon, 338 Or 376, 110 P3d 91 (2005)

LAW REVIEW CITATIONS: 10 WLJ 120 (1973); 36 WLR 503 (2000); 84 OLR 861 (2005)

      106.020

NOTES OF DECISIONS

      Where appointment of petitioner as personal representative of decedent’s estate was challenged on ground that decedent was still married at time he married petitioner, validity of parties’ marriage was upheld where record did not show that first marriage was validly contracted. Davis v. Davis, 55 Or App 982, 640 P2d 692 (1982)

      106.325

NOTES OF DECISIONS

      Oregon law does not recognize common-law marriage partner as equivalent to wife or spouse; thus, where plaintiff was in common-law marriage but did not register for domestic partnership under this section, plaintiff was not entitled to receive benefits under registered domestic partnership scheme and did not fall within class of designated payees for purposes of 11 U.S.C. 523. Sato v. Hanlon, 557 B.R. 801 (Bkrtcy. D. Or. 2016)