The Two First Centuries of Florentine History: The Republic and Parties at the Time of Dante. Fourth Impression.
Dante Alighieri · en
Certain statutes admit the _dos_ and _donatio propter nuptias_ together
with the _meta_ and the Longobard donation. The Florentine statute
speaks of a dowry, of a donation that must be equal to one half of
the dowry--provided this does not exceed the sum of fifty _lire_--and
of an augmentation. Failing sons, grandsons, or grandsons of sons,
the wife, at her husband's death, recovered possession of her dowry,
with the donation and augmentation; otherwise she had her dowry alone,
and whatever her husband might leave her by will. If the husband died
before receiving the dowry, the wife took the promised donation,
limited however to one-eighth of her husband's estate, over which, to
the extent of her dower, she had a preferential mortgage. Nor had the
wife's consent to the sale or alienation of her husband's property the
effect of releasing her right to the subjects so sold or alienated.
This regulation, however, only comes into force from the year
1388.[387] This date, which is given in the printed Florentine statute
of 1415, shows that the dotal system and the separation of property
had by this time made great progress, a fact farther confirmed by the
statutes.
The wife could not maintain her right to her husband's property
(_defendere bona viri_) against her husband's creditors at large,
but only against those who were liable for the restitution of the
dower. Dotal property, of which no valuation had been made, might be
claimed by her as against any creditor, and if her husband fell into
difficulties, she could always demand restitution of her dower.[388]
Property acquired or inherited by the wife during the husband's life,
belonged to her; but she could not alienate it without the consent of
the husband, who was also entitled to the usufruct. On the decease of
the husband, whatever remained of the usufruct might be claimed by the
wife, or, if she too were dead, by the children.
XII.
The dotal system and separation of conjugal property are not only
recognised in all the statutes,[389] but are often enacted in an
exaggerated form, as seems to be the case in the statutes of Pisa. Thus
gifts between husband and wife are forbidden, sometimes even gifts from
them to strangers, where there is ground to suspect that these are
meant to disguise a gift between the spouses. Zealous precautions to
hinder property being withdrawn from the family, still more from the
city, are universal. In Urbino, for instance, no alien could inherit
_ab intestato_, without first pledging his word to reside within the
city or territory.[390] At Pesaro a similar pledge was exacted from
any alien who sought a bride in that city; he had also to obtain the
consent of the Podestà.