According to the law of the canton of Zurich, the husband is the
guardian of his wife; he administers her property; and he represents her
before third parties. According to the _Code Civil_, the husband
administers the property that the wife brings with her, he can sell her
property, alienate it, load it with mortgages without requiring her
consent, or signature. Similar provisions exist in several other cantons
of Switzerland besides Zurich, in France, Belgium, Luxemburg, the
Netherlands, Spain, Portugal, Sweden, Denmark and also in a large part
of Germany. Countries in which community of property may be excluded in
marriage are, besides parts of Germany, and a large part of Switzerland,
Austria, Poland and the Baltic provinces. Countries in which the
absolute independence of married women exist with respect to their
property are: Italy, Russia, Great Britain and Ireland. In Norway, a law
of the year 1888, on the administration of the property of married
persons, provides that a married woman has the same power to dispose of
her property as unmarried women, only the law specifies a few
exceptions. In this law the expression is used that _woman becomes
un-free in marriage_. Who could blame her if, there also, as happens
frequently in France, women are seen to waive formal matrimonial
contracts?
According to the law of Berne, what the married woman earns belongs to
her husband. Similarly with most cantons of Switzerland, also in France
and Belgium. The consequence is that the wife often finds herself in a
state of virtual slavery: the husband squanders with lewd women or in
the grog-shop what his wife makes: he incurs debts: gambles away his
wife's earnings: leaves her and her children in want. He even has the
right to demand from her employer the wages due her.
By the law of December 11, 1874, Sweden secures to the married woman the
right to dispose freely of that which she earns by her personal effort.
Denmark has raised the same principle to the force of a law; nor can,
according to Danish law, the property of the wife be seized to cover the
debts of the husband. Similarly runs the law of Norway of 1888.[152] The
right of educating the children and of deciding thereupon is, according
to the legislation of most countries, the attribute of the father: here
and there a subordinate co-operation is granted the mother. The old
Roman maxim, that stood in sharp contradiction to the principles
prevalent during the mother-right, and that clothed the father alone
with rights and powers over the child, is to this day the key-note of
legislation on the subject.
Public-domain text, read in full here on John Shaqi.
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