A Greek word passed into Latin as arrhăbo or arrhae, and then to our language as drag . According to the dictionary of the Royal Spanish Academy (RAE ), the term is used in the plural and refers, according to its first meaning, to the pledge that is granted as a guarantee in a contract .
The arra, in this framework, are a monetary advance which is delivered as a signal to reserve a real estate or furniture. It's about a private contract that establish two parts and that works as a pre-contract: the obligation to specify another is contracted contract in the future (the one that determines the sale of the good in question).
There are different kinds of earnest. The confirmatory deposit are those that are delivered as part of payment, being a percentage of the total to be paid. If there is a breach of one of the parties, the other has the right to ask him to solve the problem as soon as possible or to compensate him for the damages caused.
The criminal penalties , on the other hand, are those that the buyer loses or has to return in duplicate if he does not comply with his obligations and does not specify the operation. The penitential earnest Finally, they represent the amount that the seller must return in duplicate or that the buyer loses if the operation, for some reason, is not carried out.
It is known as marriage arra to the thirteen coins that, traditionally, the bride and groom exchanged during the wedding ceremony. It is a symbolism about the fact of sharing goods in the new society that is established. After this kind of transaction, the marriage contract is perfect.
The verb perfect, in this case, refers to the fulfillment of certain requirements that make possible the putting in validity and the acquisition of legal force of a contract, a law or a legal act, according to the bases of the Law. This phenomenon is known as improvement. When the elements of improvement are not fulfilled, then the nullity of the act takes place, so it is as if it had not been celebrated.
Although the matrimonial eras date back to the Roman-Germanic era, the origin of the configuration they have today is related to a Mozarabic ritual. The division into thirteen parts (which in this case are currencies) represents each of the months of the year plus an extra destined to the most disadvantaged, as a gesture of generosity to share with them the fruits that the couple collects from their joint work. It is important to note that it is not an alternative to the dowry or other symbols that also use money or goods.
During the Middle Ages , the matrimonial earnest had another meaning, since then they did correspond to the endowment for the bride , which used to include properties and gifts of great importance on a material level. These draws served so that the ecclesiastics could distinguish between concubinage and marriage.
Depending on the time and geographical location, the limit of the endowment was different; it is normal to find between 10% and 50% of the inheritance of the groom or his property. In addition to this value, it was possible to add gifts, which were also regulated by other limits (these were extended if the bride offered her own presents to the boyfriend).
Once the couple had children, the woman could no longer dispose of the total of the earnest, since they accounted for three quarters. If he was a widow, then he could rent them to sustain himself financially until he contracted again marriage .
