Socialism; Women -- Social and moral questions; Women and socialism
In Germany the legal status of women has been somewhat improved,
inasmuch as the great variety of existing laws have been replaced
by a uniform law, whereby rights enjoyed by women here and there
have been made general. Thereby, unmarried women were admitted to
guardianship; women were permitted to act as witnesses, to sign
contracts, and to carry on a business independently. Both husband and
wife are entitled to the common ownership of each other’s property,
unless the demands made by either party may be regarded as an abuse
of his or her rights. If there are conflicting opinions between them
on this subject, the decision rests with the ~husband~, who also
is entitled to determine the place of residence. If the husband
should abuse this right, the wife is exempt from obedience. The sole
management of the household rests with the wife. She has the so-called
power of the keys, which empowers her, within her domestic sphere,
to attend to her husband’s affairs and to represent him. The husband
is liable for his wife’s debts. But the wife’s power of the keys
may be restricted, or entirely abolished, by her husband. Should
he abuse his power, this limitation may be annulled by the courts.
The wife is obliged to do the housework and to perform tasks in her
husband’s business, but only where such occupations are customary,
in accordance with the husband’s standard of living. A demand to
establish, as the rule, separate rights of ownership by husband
and wife, was declined by the Diet. This can only be obtained by
means of the marriage contract, which is usually neglected, and may
lead to disagreements later on. Instead, community of management
was established. The husband is thereby entitled to dispose of his
wife’s property, while she is limited to her dowry. On the other
hand, the wife has unrestricted control over whatever she may earn
during marriage, by personal labor or in business. The husband has no
right to deprive the wife of her earnings or her dowry. The wife may
also demand security, in case she has good reason to fear that her
property is endangered, which she may sometimes learn too late. She
may also enter a complaint to have the common ownership abolished,
if her husband should fail to provide for her and her children. The
husband is liable for damage resulting from mismanagement.
The wife may be grievously wronged by the existing divorce laws. For,
in case of divorce, the joint earnings of husband and wife belong
to the husband, ~even if he is the guilty party~, and if most of
their common property has been earned by the wife. But the woman is
entitled to alimony, according to her station, only if it can be
shown that she is not able to maintain her standard of living by
means of her own property or earnings.
Public-domain text, read in full here on John Shaqi.
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