A History of Matrimonial Institutions, Vol. 1 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 1 of 3
Howard, George Elliott
Families; Marriage -- History
Very similar in variety and character are the rules governing the
disposition of the property when a marriage is dissolved. These are
mainly dependent in each case upon the general principles of the
family law relating to property rights.[809] Sometimes, as among
the South Slavonians,[810] each receives back the property which
he had at the time of the marriage, while the common earnings are
divided, though not always in equal portions.[811] But as the most
general rule responsibility for the divorce is of vital importance
in determining the course to be pursued. The man or the woman who
arbitrarily dissolves the marriage, or whose guilty conduct is the
cause of separation, usually suffers a decided disadvantage. Thus
the woman must restore the dotal gift or the presents received from
her husband; and the purchase price must be repaid by herself or
by her kindred. On the other hand, the man who puts away his wife
without just cause must often forfeit all claim to restitution of
the bride-money, perhaps lose his children, and even suffer other
penalties besides, such as the payment of alimony.[812]
[809] POST, _Grundlagen_, 276.
[810] So in Lika. In Stara Pazva the woman receives back
her dotal portion; and in Stro[vs]inci common gains are
divided: KRAUSS, _op. cit._, 295, 296; POST,
_Familienrecht_, 316.
[811] In the archipelago of Seranglao and Gorong the lands and
houses which each party had before the marriage are retained by
each, and the winnings are divided, the man receiving two-thirds
and the woman one-third: POST, _loc. cit._
[812] HENRICI, "Das Recht der Epheneger," _ZVR._,
XI, 135 (alimony). For many examples of these rules see
POST, _Familienrecht_, 316-20; _idem_, _Afrikanische
Jurisprudenz_, I, 441-47. Thus in Morocco, should the husband put
away his wife without cause, he must give her in presence of the
judge a present (_etwas Beliebiges_) in value to suit himself;
and a similar present is adequate for either party divorcing
the other among the Moorish Braknas. In the East African city
of Harar the husband responsible for the separation loses the
purchase price, pays the woman a sum equal to it in value, and
besides is obliged to support her outside of his dwelling during
a term to be fixed by the _cadi_: POST, _Familienrecht_,
320; _idem_, _Afrikanische Jurisprudenz_, I, 443, 445. In the
South Slavonian Bocca, Crnagora, and Herzegovina the husband
who puts away his wife because she is affected by a disease is
usually required to give her a lifelong support; and ordinarily,
when he is accountable for the separation, he must pay a fine
of from 50 to 100 thaler: KRAUSS, _op. cit._, 567. For
various illustrations see LETOURNEAU, _op. cit._, 289 ff.
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