If the wife is under age or judicially pronounced incapable of
managing her own affairs, the husband becomes her guardian for the
time being; but if the husband is pronounced incapable in a similar
manner, the wife becomes his guardian and takes charge of his affairs.
The wife, however, in ordinary circumstances is under the husband’s
control. Her disabilities arise not from her sex as such, but from her
status of _feme-covert_; for though political rights are still denied
to women, no discrimination is made in the private rights of the two
sexes. It is only when she marries that she cedes to her husband many
of her rights as _feme-sole_. There are certain acts, for instance,
for which she is required by the Civil Code to obtain her husband’s
permission, such as the receipt and use of a capital sum, contracting
of debts, bringing of actions at court, carrying on of a trade or
business on her own account, and making of contracts binding herself
to service for a specific term; but the permission may be dispensed
with if her husband’s whereabouts are unknown, or he has wilfully
deserted her, is pronounced incapable, is under restraint for lunacy,
or is serving a term of imprisonment exceeding one year, or if his
interests clash with hers.
The wife may have separate property. She is at liberty to make any
arrangement with her husband for its management and disposal; but such
arrangement must be registered not later than the registration of the
marriage itself, or it cannot be upheld before her heirs or set up
against third parties. In fact, all contracts between husband and wife
may by mutual consent be altered or cancelled at any time; but such
alteration or cancellation cannot be upheld to the prejudice of a
third party. This right to hold property in her own name is a great
concession to the wife, for such rights were formerly utterly ignored.
In the old days, everything belonged to the husband as head of the
family, not only any property that the wife might bring or inherit,
but also any estate, real or personal, that might be acquired by any
other member of the family. All its members were supposed to work for
the benefit of the family, and the head as its sole representative
had absolute control of the property so acquired. But now in
recognition of the rights of the individual as against those of the
family as a whole, the Civil Code permits the separate registration
of property by its subordinate members.
Public-domain text, read in full here on John Shaqi.
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