in Spain and Portugal. The civil law of Italy of 1865 enables the wife
to obtain a divorce from her husband only if the husband keeps his
concubine at his own home, or at such other place where the concubine's
presence must be considered in the light of a grave insult to the wife.
In France, Belgium and Switzerland, woman falls, as in Germany, under
the guardianship of her husband, the moment she marries. According to
section 215 of the _Code Civil_, she is not allowed to appear in Court
without the consent of her husband and of two of her nearest male
relations, not even if she conducts a public business. According to
section 213 the husband must protect the wife, and she must yield
obedience to him. There is a saying of Napoleon I. that typifies his
idea concerning the status of woman: "One thing is utterly un-French--a
woman that can do what she pleases."[151] In these countries,
furthermore, woman may not appear as a witness in the execution of
contracts, testaments or any notarial act. On the other hand--odd
contradiction--she is allowed to act as a witness in all criminal
trials, where her testimony may lead to the execution of a person.
_Within the purview of the criminal code, she is on all hands considered
of equal value, and she is measured for every crime or offense with the
same yard-stick as man._ The contradiction, however, does not penetrate
the wool of our legislators. As a widow, she may dispose of her
property by testament; as witness to a testament, however, she is not
admissible in a number of countries; all the same, according to Art.
1029 of the _Code Civil_, she may be appointed the executor of a will.
In Italy, since 1877, woman is qualified to appear as a witness in civil
actions also.
Public-domain text, read in full here on John Shaqi.
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