A brief summary in plain language of the most important laws concerning women : $b together with a few observations thereonBodichon, Barbara Leigh Smith
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A brief summary in plain language of the most important laws concerning women : $b together with a few observations thereon
Bodichon, Barbara Leigh Smith
Women -- Legal status, laws, etc. -- Great Britain
‘The _communauté_, and therefore the husband, is answerable for all
the debts (except those belonging to the real estate) of the wife,
both before marriage, or contracted during the marriage. The wife can
obtain a _séparation des biens_, that is, a division of the moveable
property, and have the administration of her share committed to her, on
application to a Court of Justice, if the husband is making away with
the property.
‘By the _communauté conventionelle_, any provisions modifying the
community of law may be introduced in the antenuptial marriage
contract. The usual modification is to give the wife a lesser share
than half, according to the amount of moveable property she brings into
the common stock.
‘2. _Régime dotal._ Under this system the dowry is the sum brought to
the husband to sustain the charges of the marriage, and is specified
in the antenuptial contract. But the contract, like English marriage
settlements, may introduce any provisions whatever.’
In Turkey, daughters succeed equally with sons in houses and landed
property, and always take one-third of the personal property. A widow
receives one-eighth of the personal property, and must be provided for
during her life by the heirs. Women control their own inheritance when
married; the husband has no power over the inherited portion of his
wife or wives.
In Hungary, the common law, before 1849 (the German law is now
introduced), made a broad distinction between _inherited_ and
_acquired_ property, whether landed or personal. Whatever was inherited
went to the heirs; it could not be subject to a will.
As to _acquired_ property, the law only interfered to give half to the
wife; it was her absolute property, of which she might dispose in any
way during life or by will. Among the nobility this law did not obtain.
In cases where inherited property had been so left by the will of the
first _acquisitor_ as to exclude the female sex, the brothers were
obliged to give a handsome sum if they married to their sisters, and
provide for them in a becoming way if they remained single.
The rights of a widow were great; she was guardian of children,
administratrix of property, and, as long as she bore the name of
her husband, she could exercise all the political rights of a man;
she could vote in elections of county officers, and in those of the
Deputies to the Diet.
Single females, according to the Hungarian law, were considered as
minors, who became of age upon marriage, and by marriage came into full
control of all their estates. They were not liable for the debts of
their husbands; they were not even bound to provide for the domestic
expenses, the care of providing for the house and the education of
the children being incumbent on the husband. Wives could make wills
and sign deeds without the consent of the husbands. If a wife died
intestate, her property went to her children or collaterals.
Public-domain text, read in full here on John Shaqi.
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