Rights Of Wife Research Articles

Le douaire en droit coutumier ou la déviation d'une institution

Dower was a rather peculiar institution of the old French customary law that, according to some, still subsists in modern Quebec law. At first blush, dower seems to be in complete opposition to the main thrust of old French law, whose primary- concern for the protection of lineage allowed hardly any right to be created in favour of spouses. Indeed, dower granted to the wife important rights, bearing on the husband's biens propres, i.e. property coming from his lineage or not included in the community and therefore normally entitled to the strictest protection. The wife's rights consisted in a usufruct on one-half of the husband's bien propres. Considering both the basis and the extent of those rights, therefore, dower appears as a most unusual provision in favour of the wife. The advantages of dower were, however, more apparent than real. This comes out clearly when one examines the rights of children under the dower, as well as the manner in which the institution was transformed. Dower then appears as a mere reduction of the rights of full ownership previously vested in the wife. Such reduction favoured the children, who emerged as the main beneficiaries of dower. They were the owners of the property upon which bore the wife's usufruct. And their rights were safeguarded as against every other party, including their mother and father, as well as the latter's creditors. The history of dower therefore illustrates the manner in which legal institutions may be transformed to suit changing ideas and mores.

Empowering women: land and property rights in Latin America

The expansion of married women's property rights was a main achievement of the first wave of feminism in Latin America. As Carmen Diana Deere and Magdalena Leon reveal, however, the disjuncture between rights and actual ownership remains vast. This is particularly true in rural areas, where the distribution of land between men and women is highly unequal. In their pioneering, twelve-country comparative study, the authors argue that property ownership is directly related to women's bargaining power within the household and community, point out changes resulting from recent gender-progressive legislation, and identify additional areas for future reform, including inheritance rights of wives.

L'imaginaire masculin et la soumission des vassales dans le Royaume Latin de Jérusalem vers 1200: un jalon supplémentaire dans l'histoire de la violence symbolique envers les femmes

The particular circumstances concerning the survival of the Latin kingdom and the pivotal importance of military matters determined the priorities of its ruler. Above all, he needed to ensure effective and complete feudal service as well as the loyalty of all his vassals. This article reveals the originality of some of the clauses found in the Livre au Roi, a custumal on feudal law composed around 1200, demonstrating that its compiler did not shrink from innovating in this area in his intention of giving the monarchy the juridical basis necessary for political centralisation. By examining closely four specific examples from the Livre, which deal with noblewomen (the service of marriage of unmarried heiresses; the remarriage of widows; the rights of wives of heretical and apostate knights; and the fate of wives of knights suffering from leprosy), this analysis of the Livre au Roi shows how the monarchy of Outremer sought to strengthen its domination over noble families by manipulating the fragile status of vassals in the Latin kingdom. As the discussion sheds light on the notion of symbolic violence against women, it can also reveal much about perceptions and representations of women and of their bodies in the middle ages, as well as how male domination was, as a consequence, reinforced.

Derechos de propiedad, herencia de las esposas e igualdad de género: aspectos comparativos entre Brasil e Hispanoamérica

En América Latina durante el curso del siglo XX se lograron considerables avances para fortalecer los derechos de propiedad de la mujer casada. Sin embargo, se ha prestado atención limitada a los derechos de herencia de las esposas. La revisión de las normas legales en doce países permite argumentar que las viudas están a menudo en una posición de desventaja en comparación con las hijas/os de la pareja. Las normas sobre herencia no fueron diseñadas para dar a las viudas la posibilidad de autonomía económica, por medio del control de la finca familiar o los negocios. Si se tiene en cuenta la diferencia de género a favor de la mujer en la expectativa de vida y la cobertura limitada de las mujeres en la seguridad social (especialmente las rurales) en la mayoría de los países, las mujeres son particularmente vulnerables cuando enviudan. Es urgente que el movimiento de mujeres tenga en cuenta en su agenda el tema de los derechos de herencia, en razón de que su fortalecimiento es necesario para el logro de la redistribución de la propiedad y de una al igualdad de género

A Study of the Judicial Divorce before the Enforcement of the Meiji Civil Code

In earlier studies about judicial divorces before the enforcement of the Meiji Civil Code, on the one side, survive of custom of Arbitrary divorce by (_??__??__??__??__??_) has been emphasised, however the highly appraisal of the Proclamation No. 162 and No. 247 of Dajokan(_??__??__??_) which recognized the right of wife to sue for divorce.It is true that causes of divorce in Ukagai-Shirei (_??_·_??__??_) (inquiries from the prefectures and instructions by the government) were very restrictive; when husband was not Adopted son-in-law (_??__??__??_), recognized causes were only (1) Disappearance more than two years of husband (2) Punishment of penal servitude or grave imprisonment more than one year of husband (3) Disappearance of wife.But as for judicial divorces of the District Court in Kyoto (_??__??_[_??__??_·_??__??_]_??__??__??_), sources of decisions were not merely Ukagai-Shirei; when husband was not Adopted son-in-law, causes of judicial divorces were (1) Punishment of husband (include of penal servitude or grave imprisonment less than one year) (2) Violence and cruelty to wife by her husband (3) Adulty of husband (4) Disappearance of wife (5) Adulty and punishment of wife (6) Misconduct of wife. We think that as sources of decisions, the Old Civil Code of 1890 (_??__??__??_) and French Civil Code of 1804 or 1884 were occasionally applied.However, we can't be maintained that the custom of Arbitrary divorce by was wholly vanished in the Former Meiji Era.For the number of suit for divorce from husband was very few and there were many cases that turned out against wife who had suited for divorce because of violence and cruelty by her husband.

Feminism and the History of Marital Law: Basch and Stetson on the Rights of Wives

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Feminism and the History of Marital Law: Basch and Stetson on the Rights of Wives

From the time of the Norman conquest to the mid-nineteenth century, English marital law was based on the jurisprudential concept of baron et feme. This concept, which American state courts also continued to recognize into the nineteenth century, assumed that a married couple should be treated legally as a single unit. The power to act for that unit, as well as the unit's rights of inheritance and property, was vested in the husband. The wife was considered afeme covert, under the cover or protection of her husband. While courts of equity could and did recognize special exceptions, they were expensive to obtain and almost invariably were granted in response to concerns of wealthy families. The overwhelming majority of English and American wives continued to exist in the eyes of the law under what was called coverture, which entitled them to certain limited rights within marriage and provided some security in the event they were widowed. But as far as the state was concerned, coverture also rendered them the legal dependents of their husbands and deprived them of the exercise of a number of rights to which a single woman, or feme sole, was entitled (e.g., the right to make a binding contract and the right to take court action on her own). Exactly how the legal concept of coverture affected the lives of most English and American wives is difficult to determine, though work is beginning to be done on issues related to that question. What is easy to determine is the strong opposition of English and American feminists to a doctrine that relegated their married sisters to a category of legal responsibility roughly equivalent to that afforded infants and idiots. Two recent books have taken as their grand theme this historic confrontation between feminism and the

Taxation: Federal Estate Tax: Interpretation of "In Fact" Clause of Section 2036 and Deductibility of Support Rights of Wife

Taxation: Federal Estate Tax: Interpretation of "In Fact" Clause of Section 2036 and Deductibility of Support Rights of Wife

Husband and Wife. Rights of Wife against Husband and in His Property. Deserted Wife's Right to Remain in Matrimonial Home Held Effective against Husband's Trustee in Bankruptcy

Husband and Wife. Rights of Wife against Husband and in His Property. Deserted Wife's Right to Remain in Matrimonial Home Held Effective against Husband's Trustee in Bankruptcy

Husband and Wife. Rights of Wife against Husband and in His Property. Widow's Statutory Share Does Not Extend to Totten Trusts

Husband and Wife. Rights of Wife against Husband and in His Property. Widow's Statutory Share Does Not Extend to Totten Trusts

Corporations: Disregarding Corporate Fiction: Dower Rights of Wife of Sole Stockholder

Corporations: Disregarding Corporate Fiction: Dower Rights of Wife of Sole Stockholder

Husband and Wife. Rights of Wife against Husband and in His Property. Wife's Right under Decedent Estate Law Where Husband Created Trust Retaining use for Life

Husband and Wife. Rights of Wife against Husband and in His Property. Wife's Right under Decedent Estate Law Where Husband Created Trust Retaining use for Life

Husband and Wife. Rights of Wife against Husband and in His Property. Validity of Sale of Husband's Interest in Tenancy by Entirety for Support

Husband and Wife. Rights of Wife against Husband and in His Property. Validity of Sale of Husband's Interest in Tenancy by Entirety for Support

Husband and Wife. Rights of Wife in Jointly Acquired Property Where Marriage Is Void

Husband and Wife. Rights of Wife in Jointly Acquired Property Where Marriage Is Void

Husband and Wife. Rights of Wife against Husband. Suit for Negligent Injury Sustained before Marriage

Husband and Wife. Rights of Wife against Husband. Suit for Negligent Injury Sustained before Marriage

Husband and Wife. Rights of Wife against Husband and His Property. Wife's Right to Sue Her Husband for Torts. Assault

Husband and Wife. Rights of Wife against Husband and His Property. Wife's Right to Sue Her Husband for Torts. Assault

Husband and Wife. Rights of Wife against Husband. Wife's Right to Sue Husband for Personal Torts

Husband and Wife. Rights of Wife against Husband. Wife's Right to Sue Husband for Personal Torts

Husband and Wife. Rights of Wife against Husband and in His Separate Property. Right to Be Reimbursed for Expenditures for Necessaries

Husband and Wife. Rights of Wife against Husband and in His Separate Property. Right to Be Reimbursed for Expenditures for Necessaries

A Commentary upon the Married Women's Policies of Assurance (Scotland) Act, 1880

In the present lecture I propose, in deference to a suggestion emanating from your Society, to discuss the Married Women's Policies of Assurance (Scotland) Act, 1880 (43 and 44 Vict. c. 26). The Act, as you are no doubt aware, is quite a short one, consisting of two clauses: one of which empowers a married woman to effect a policy of assurance on her own life or that of her husband for her separate use, while the other empowers a married man to effect, by means of a policy of assurance over his own life, a trust for behoof of his wife, or family, or both. In both cases the object is similar—to protect the sum assured against the husband and his creditors. Now it is impossible to appreciate the necessity of attaining this object, and the changes wrought in the law by the effort of the statute to secure it, without some knowledge of the previously existing rights of husband and wife respecting property and contracts, and of the rights of the wife and children under postnuptial contracts and declarations of trust by the husband. Such knowledge, in a non-legal assembly, I am scarcely entitled to assume. And before I deal with the text of the Act, I accordingly propose to give a brief sketch of the general common law rights above referred to, and to note the results of the cases decided on the special rights of the spouses and children with respect to policies of assurance effected on the life of either spouse. So stated, my task is not a particularly easy one. The rights and disabilities of the wife were never very clearly defined, and of their somewhat vague and unsatisfactory nature the cases on policies are typical illustrations, while the Act itself, though it involves many points of difficulty, has been subjected to very little judicial interpretation since it passed. Its provisions are, indeed, very similar to those of Section 10 of the English Married Women's Property Act, 1870 (33 and 34 Vict. c. 95), which was replaced by Section 11 of the Married Women's Property Act, 1882 (45 and 46 Vict. c. 75); and upon both of these sections there have been a considerable number of decisions, which I shall refer to, if not as direct authorities, at any rate as important illustrations and analogies in discussing the Scots Statute. But even when allowance is made for this, any detailed commentary on the Act must necessarily be of a somewhat speculative character.