The College, the Market, and the Court: or, Woman's relation to education, labor and lawDall, Caroline Wells Healey
History
The College, the Market, and the Court: or, Woman's relation to education, labor and law
Dall, Caroline Wells Healey
Women -- Education; Women -- Employment; Women -- Legal status, laws, etc.
The wife cannot give away the smallest article, not even such as have
been gifts to her: and the 934th article of the "Code Napoléon"
declares, "that the wife may not accept a gift without the consent of
her husband; or, if he should refuse, without the approbation of a
magistrate." She cannot pledge their common property, even though it
were to set her husband free when imprisoned for debt; nor, in the event
of his absence, to secure necessaries for his children, without the same
magisterial authority. Commonly, this authority would be readily
obtained; but it is easy to see that many cases might arise, when, from
defeated purposes, personal enmity, or the influence of the husband
against her, it would be all but impossible.
Even in case of bankruptcy, French legislators tell us, the rights of
the wife are protected. But this very protection is insulting; for it
treats the wife as if she must of necessity be either an inert
instrument in the hands of her husband, or a dupe, whose weakness he
might readily abuse. _Through_ such protection, the dishonest merchant
finds it easy to defraud his creditors.
Now, this "Code Napoléon" says that "the husband owes protection to his
wife; and the wife, on her side, owes obedience to her husband:" but it
goes on to secure the obedience by giving an unlimited right to the
person of the wife, without in any way providing the promised
protection.
"The wife must live with her husband, and follow him wherever he
sees fit to go. As for him, he must receive her, and furnish her
with necessaries according to her wealth and rank."
Now, this clause actually constrains no one but the wife; for what would
be the condition of a woman who followed her husband against his will,
and remained _under_ his roof when he was determined that she should
quit it? Under such circumstances, his recognition of her wealth and
rank would be very apt to fall to the level of his own irritation.
The French code will interfere to protect a wife against the total loss
of her property, if she can prove _some_ loss already experienced,
either from the improvidence or the bad conduct of her husband; but it
keeps her powerless to protect herself against that first loss. Having
thus, and for such reasons, obtained a separate jurisdiction over her
property, she cannot alienate, mortgage, or acquire a title to new
property, without her unworthy husband's consent in person or on paper.
The guardianship of the children is left to the survivor of the
marriage; but the mother's right in such case may be restrained by the
father's and husband's will. He can appoint a trustee to be associated
with her. As a business woman, even if separated in estate, the wife
cannot make or dissolve a contract without the consent of her husband.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account