Where no special arrangements have been made between husband and wife
with respect to either party’s property the law directs a certain
course to be followed in its use and disposal. In the first place,
while the owner of any property is naturally deemed to possess
absolute right to the interest or profit arising therefrom, any
property which has been acquired but cannot be definitely credited
to either party, is to be taken, pending production of proof to the
contrary, as belonging to the head of the family. The head has also
the right to put to use the other party’s property and derive profit
therefrom, provided the character of such property remains unaltered.
Thus, the head may cultivate the other’s fields or rent them to
a tenant and occupy or rent the other’s houses, but may not, for
instance, convert a field into building land or a dwelling-house into
a godown. This power is given to the head to offset the obligation he
or she is under to bear all expenses resulting from the marriage, that
is, to defray all household expenses, support the family, and pay for
the bringing up of the children. If, however, the head is in needy
circumstances, the other party, if possessed of separate property,
must support the family.
The husband, whether head of the family or not, has the management of
his wife’s property. He may make improvements in it; but he cannot
without her consent rent her land for more than five years running
or her house for more than three. And if the wife is afraid of her
husband’s abusing this discretionary power, she may request the
judicial authorities to order him to deposit security against any loss
that the estate might suffer through his mismanagement. The wife is to
be considered as her husband’s agent in household matters, such as the
provision of food and raiment. The husband may, however, reserve the
right to repudiate partially or wholly her acts as his proxy; but he
cannot thereby cancel his obligations to those persons who have been
dealing with her in good faith, believing her to possess the powers
usually delegated to the wife.
Having thus given an outline of woman’s legal position in matrimony,
we may now pass on to the conditions of divorce. The laxity of
the custom in regard to divorce was, as we have already observed,
partially remedied by the new Civil Code, which is based on European
laws and modified by existing Japanese usages. In the matter of
divorce, it makes many concessions to the customs hitherto prevailing
in Japan, as a strict adhesion to the European laws on the subject
would call for a too drastic change in the habits of the people who
have for the most part been accustomed to think lightly of divorce.
In the old times it was sufficient to give the wife a declaration of
divorce, which, from its shortness, came to be known as “the three
lines and a half.”
Public-domain text, read in full here on John Shaqi.
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