Marriage, As It Was, As It Is, and As It Should Be: A Plea for ReformBesant, Annie
Philosophy
Marriage, As It Was, As It Is, and As It Should Be: A Plea for Reform
Besant, Annie
Marriage -- Great Britain; Marriage law -- Great Britain
Those who are entirely opposed to the idea that a woman should not
forfeit her property on marriage, raise a number of theoretical
difficulties as to household expenses, ownership of furniture, &c.,
&c. Practically these would very seldom occur, if we may judge by the
experience of countries whose marriage laws do not entail forfeiture
on the woman who becomes a wife. In the "Rights of Women," quoted from
above, a very useful summary is given of the laws as to property in
various countries; in Germany these laws vary considerably in the
different states; one system, known as "Gutergemeinschaft" (community
of goods) is a great advance towards equality, although it is not by any
means the best resolution of the problem; under this system there is
no separate property, it is all merged in the common stock, and "the
husband, as such, has no more right over the common 'fund than the
wife, nor the wife than the husband" (p. 26); the husband administers as
"representative of the community, and not as husband. He is merely head
partner, as it were, and has no personal rights beyond that;" he may
be dispossessed of even this limited authority if he is wasteful; "he
cannot alienate or mortgage any of the common lands or rights without
her consent--a privilege, it must be remembered, which belongs to her,
not only over lands brought by herself, but also over those brought
by her husband to the marriage. And this control of the wife over the
immovables has, for parts of Prussia, been extended by a law of April
16th, 1850, over movables as well; for the husband has been forbidden to
dispose not only of immovables, but of the whole or part of the movable
property, without the consent of his wife. Nor can the husband by
himself make donations _mortis causa_; such arrangements take the
form of mutual agreements between the two respecting their claims of
inheritance to one another" (p. 27). In Austria, married couples are
more independent of each other; the wives retain their rights over their
own property, and can dispose of it "as they like, and sue or be sued
in respect of it, without marital authorisation or control; and just as
they have the free disposition of their property, so they can contract
with others as they please. A husband is unable to alienate any of his
wife's property in her name, or to lend or mortgage it, or to receive
any money, institute any law-suits, or make any arrangements in respect
of it unless he has her special mandate.... If no stipulation is made
at the marriage, each spouse retains his or her separate property, and
neither has a claim to anything gained or in any way received by the
other during the marriage" (p. 50). In the New York code (U.S.A.),
"beyond the claim of mutual support, neither [husband nor wife] has any
interest whatever in the property of the other. Hence either may into
any enter engagement or transaction with the other or with a stranger
with respect to property, just as they might do if they continued
Public-domain text, read in full here on John Shaqi.
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