III. Obligations of Spouses

How many kinds of rights and obligations are there between spouses? - Marriage is the union of man and woman, containing an undivided sharing of life. Inst. 1, l. 1, t. 9, § 1; C. B. 1353; C. A. 44. Hence from marriage there flows a threefold kind of rights and obligations: as to persons, as to goods, as to the body. The rights and obligations of each spouse as to the body will have to be discussed in the treatise on Marriage. Therefore here we shall speak only of the others. C. A. 89.

Obligations as to persons: some are mutual, others of only one or the other. The mutual ones are mutual love, mutual help as to the body, as to the soul, as to the conjugal debt, and common habitation, common table and bed. To the husband belongs marital power over the wife, and the principal paternal power over the children. But he is bound to feed the wife according to her proper condition. To the wife as mother belongs the education of the offspring, although dependently upon the husband, and to have care of the family estate, likewise dependently upon the husband. C. He. 163; C. H. 62.

What are the rights and obligations of spouses as to persons? - The head of the wife is the husband, and therefore the wife is under the power of the husband in those things which pertain to marriage, that is, which pertain to the undivided sharing of life. Eph. 5:22 seqq.; C. A. 91. Therefore the wife, without the consent of the husband, cannot be obligated by vow, S. Th. 2. 2, q. 88, a. 8 ad 3; L. l. 3, n. 234; regularly she cannot be obligated by contract; she cannot make a pilgrimage without the consent of the husband, and regularly must follow the domicile of the husband. C. I. 131, 134, 135; C. G. 214, 217, 220, 221, 222; C. H. 58, 61; C. A. 91, 92; C. B. 1354; C. He. 160, 170; C. L. 1193, even if the husband changes domicile without cause, provided the wife can follow him without grave detriment either of soul or of body, and, from C. H. 58 and C. L. 1186, not into a foreign nation. By the same C. L. 1189, a wife can publish a writing without the consent of the husband. C. Pervenit 1, de Coni. lepr.; Sanch., de Matr., l. 1, d. 41, nn. 2, 4; L. 351, l. 6, n. 977; S. Th. S., q. 64, a. 6 ad 1; Quodl. 4, a. 11. Cf. v. 2, n. 1052.

Without the consent of the husband, and except for cases excepted by law, the wife cannot act in judgment. C. I. 134; C. H. 60; C. L. 1192. From C. He. 168, whatever the regime of goods has been, a wife can stand in judgment. But in cases with third parties, as to goods brought in, she is represented by the husband.

The wife indeed must furnish reverence, obedience, and compliance to the husband in those things which regard the governance of the house and good morals; but she is his companion, not his maidservant. Therefore if she is rich or noble she is not compelled to furnish to the husband things which are not of her dignity, for example, to cook foods, sweep the house, etc. Yet if she does not obey the husband in a grave matter, she sins gravely, and a certain moderate coercion is permitted to the husband. 1 Pet. 3:5 seqq.; L. 351, 352, 356; l. 6, n. 972; Sanch., de Matr., l. 6, d. 6, n. 14; C. I. 131; C. G. 313; C. H. 57; C. B. 1354, 1356, 1357; C. L. 1185, 1189; Leo XIII, Enc. Arcanum, 10 Feb. 1886.

The husband in turn must love and protect the wife, Eph. 5:25; C. I. 132; C. H. 57; C. G. 213; C. L. 185; feed her, and dwell with her; and therefore it is not licit for him to be absent from her for a long time unless from a grave cause. Gen. 2:24; C. I, de Coni. lepr.; C. I. 130, 132; C. G. 212, 214; nor even to undertake a long pilgrimage with the woman unwilling. C. 8, de Voto. Yet the husband is not usually bound to take the wife with him at great inconvenience and expense, when it happens that he must travel around because of business. C. 9, § In tanta, de Voto. But the husband sins gravely if he affects the wife with contumelious or defamatory words; if he impedes her concerning the precepts of God or of the Church without just cause; if he gravely beats the wife; if he neglects the governance of the house and the family estate. Col. 3:18, 19; L. 356; Sanch., de Matr., l. 9, d. 5, n. 17; S. Th. 2. 2, q. 26, a. 11.

In those things which pertain to mutual help of life, man and wife are of equal right, since marriage is entered for the sake of mutual help. Hence they mutually owe each other love, fidelity, assistance, and support. Eph. 5:25; Matt. 19:5; 1 Cor. 7:3 seqq.; C. I. 130; C. G. 212; C. H. 56; C. A. 90; C. L. 1184; and if anything adverse happens to one, the other must be a participant. Therefore a woman must follow a husband migrating elsewhere for the sake of health or as a punishment, and a man must follow a woman. L. 353, l. 6, nn. 957, 977. And one must furnish support to the other in need, even if driven into exile by his or her own fault, or shut in prison, indeed even when separated from the other, provided it is not by his or her own fault, if he or she has resources; and the husband must feed the wife even if he married her without dowry, or the dowry perished by chance. C. I. 132, 133, 142; C. G. 214; C. B. 1360, 1361; C. He. 159, 160, 161; Sanch., de Matr., l. 9, d. 4, n. 20; d. 5, nn. 8, 14.

It is lawful for neither, with the other unwilling, to enter religion, C. un., Extr., de Voto; and he who passes to religion with the spouse unwilling can be recalled. C. 3, 12, de Conv. coni. Nor is it lawful for a man, with the wife unwilling, to receive orders, indeed not even tonsure, C. 4, de Temp. ord., in 6, except if he has justly and by law separated from her as to habitation. L. l. 1, n. 969. Cf. 1 Tim. 2:8-15; 5:9-14; Eph. 5:22-33.

Note: Children and a wife can receive support from one burdened by debts who is not solvent, since he is bound to feed them from strict piety, and also from legal justice; nor is he less bound to feed them than to pay other debts. Indeed they can do this even if the father of the family contracts other debts, provided however they do not have sustenance from elsewhere. Nor indeed after the death of the father is the son bound to pay those debts of the father, if the father left no goods to the son, for that obligation was altogether personal to the father. "Yet the wife cannot use for the sustenance of the family money given by the husband for paying debts, except in the case in which the family would be gravely in need; for then the husband is bound to help this first, and therefore the wife then uses her own right. Thus Laymann, who adds that the wages of workers for the necessary uses of the debtor are to be preferred even to hypothecary creditors." L. 695, 354.

What are the rights and obligations of spouses concerning goods? - If Natural Law is considered, marital society does not prevent both husband and wife from retaining ownership, usufruct, and administration even of goods which they had before marriage, and which they acquire during marriage. Yet they must concur for expenses necessarily to be sustained on account of common burdens. Moreover, it is fitting that the husband either have the whole administration of goods, or certainly assist the wife as much as is necessary for supplying her weakness.

But if positive Law is considered, the husband's power in this matter is broader. Hence by positive Law various goods of the wife are distinguished. S. Th. 2. 2, q. 57, a. 4.

Some goods of the wife are dotal, whose fruits the husband enjoys for sustaining the burdens of marriage; others are paraphernal, namely beyond the dowry, which the wife has beyond the dowry, and which she specially reserves to herself; others are common, which by pacts of the spouses or by determination of law are brought into a certain society. Before entering marriage, spouses can determine under what conditions their goods are to be subjected, with certain statutes of the law observed. If they have omitted to do this, the law will supply.

From Roman Law: The wife has direct dominion of her dowry, but the husband has usufruct and administration. When the husband has died, she is preferred to all personal creditors of the husband, and even during life she can juridically seek the dowry again if she fears lest the husband become unable to restore it. If the dowry consists in money, or in other things consumable by use, or in appraised things handed over, full dominion of the dowry is indeed attributed to the husband, but with the obligation of restoring the value, dominion being transferred for the wife into all goods of the husband according to the rate or quota of her dowry. The wife has full dominion and administration of paraphernal goods, so that concerning these the husband, with her unwilling, can dispose of nothing. Hence as to these she in no way depends upon the husband.

The ownership and utility of common goods pertain to each spouse; but administration of the same pertains to the husband alone. But this community of goods can admit various conditions or restrictions, and therefore attention must be given to the various dispositions of places. Gury 549; Elbel 69; L. 489; Troplong, della Prescrizione, c. 3, n. 483 seqq.

From More Recent Law: In the first place we can distinguish goods of the wife, goods of the husband, and common goods. As to goods of the wife, these likewise are either dotal or extradotal, or paraphernal. Dowry is goods brought to the husband for sustaining the burdens of marriage. But any goods whatever of the wife not constituted as dowry are held as paraphernal. C. I. 1388, 1425; C. G. 1540, 1575; C. A. 1218.

That there be dowry it is necessary: 1. that it was expressly constituted by this name, C. I. 1388; C. H. 1336. Therefore those things which are donated to the woman by contract of marriage are not dotal, unless something else has expressly been provided. But it is otherwise from C. G. 1541. Moreover, dowry can comprehend all goods, even future goods. C. I. 1389; C. G. 1542; C. A. 1218, 1227; C. H. 1336, 1337. 2. That an instrument be drawn up by a notary, and, if the dowry is constituted by the spouses themselves, before marriage. C. I. 1382, 1391; C. G. 1394. For after marriage dowry can neither be constituted nor increased by them. C. I. 1341; C. H. 1338; and from C. G. 1543, not by others either. Cf. C. A. 1225; C. H. 1344. 3. That nuptials have been entered from Civil Law. L. 3, de Iure dot.; C. I. 93; C. G. 165; C. A. 44; C. H. 42.

He who constitutes a dowry must furnish it from his own goods, even if the woman does not lack her own goods. C. I. 1392, 1393, 1394, 1395; C. G. 1544, 1545, 1546; C. A. 1224. Cf. C. H. 1340, 1341; and he furnishes security against eviction. C. I. 1396; C. G. 1547. But the husband is not bound to surety for the dowry unless he is obligated to it by agreement made, or is driven to it by sentence of the judge, if the dowry is exposed to danger, and the dowry was constituted by him who, if it were lacking, would be compelled to furnish support to the dowered woman. C. I. 1400; C. G. 1550, 1563; C. A. 1245. Cf. C. H. 1345, 1349, 1358.

Of those things which are given by reason of dowry, some pass into the full dominion of the husband, others do not, and constitute a permanent dowry. Things which are consumed by use pass into the full dominion of the husband, C. A. 1227; things, whether movable or immovable, which are given to him in payment, C. I. 1403; C. G. 1553; movable things, if they were given appraised, C. I. 1401; C. G. 1551; not likewise immovable things, unless this was openly expressed. C. I. 1402; C. G. 1551; C. A. 1228. From C. H. 1346, if nothing is determined in the marriage contract, the wife preserves dominion of all her dotal goods. Cf. C. B. 1227, 1228.

Of those goods which constitute a permanent dowry, natural and direct dominion remains with the wife; civil and useful dominion passes to the husband. C. A. 1227, 1228, 1230. Therefore, by force of the natural and direct dominion of the wife, the increase or damage of the dowry will belong to the wife. By force of the civil and useful dominion of the husband, the husband has administration and usufruct of dotal goods; whence he administers dotal goods as his own, acts in judgment for them, C. I. 1339; C. G. 1549; C. H. 1357, 1360, and all things which are contained under the name of fruits are his from the marriage entered, C. I. 1399; C. G. 1549; C. A. 1227; and if counted money was promised, interest by the law itself is owed to him, although delay for payment had been stipulated. C. I. 1397; C. G. 1548. But the husband must furnish that diligence in administering dotal things which he furnishes in his own things, and he must fulfill all obligations of a usufructuary, C. I. 1408; C. G. 1562. But he is bound to use the fruits for feeding the family, for this is why the fruits are assigned to him, namely for bearing matrimonial burdens.

A woman can obtain separation of dotal goods by the office of the judge if the dowry is in danger, or the affairs of the husband are turning to evil, or she has been judicially separated from him. C. I. 1418; C. G. 1563. When this has been obtained, she herself, in place of the husband, administers the dotal goods, C. I. 1424; C. G. 1449; C. H. 225, 1365; but together with the husband she must provide for domestic necessities and for the instruction of the children. C. I. 1423; C. G. 1448. Cf. C. A. 1241, 1263. It can be established in the marriage contract: 1. that the wife receive each year a part of the fruits for small expenses, C. I. 1399; C. G. 1549; 2. that the surviving spouse receive some gain beyond the dowry, with the legitimate portion of the children preserved. C. I. 1398; L. l. 3, n. 539.

Dotal goods regularly, while marriage remains, cannot be alienated, and an alienation made can be revoked even by the husband himself who consented to the alienation. C. I. 1407; C. G. 1560. Dotal goods, namely all from C. I. 1405, but only immovables from C. G. 1554. Regularly; for they can be alienated from a grave cause of necessity or utility, by decree of the tribunal and consent of each spouse, C. I. 1405; C. G. 1558; C. H. 1358 seqq.; or if alienation was permitted in the marriage contract itself. C. I. 1404; C. G. 1557. They cannot be alienated for any cause whatever from C. I. 1405, which distinguishes nothing, except the cause of placing some child from C. G. 1556. Alienation, moreover, also comprehends exchanges, servitudes, and mortgages. C. I. 1404, 1405; cf. C. G. 1554, 1559. While marriage remains; therefore also after separation from C. I. 1405; cf. C. G. 1449. But if, while marriage remains, a woman has legitimately contracted debt, or any obligation whatever, after the marriage has been dissolved even dotal goods are bound to creditors from C. I. 1407; but otherwise from C. G. 1558, 1560. Cf. C. A. 1260.

When the marriage has been dissolved, the dowry ceases and must be restored. The dowry must be restored to the wife, or to her heirs. C. A. 1229; C. H. 1365. Things whose civil and useful dominion only was in the hands of the husband must be restored immediately in their own species, as they then are. C. I. 1409, 1411, 1412; C. G. 1564, 1566, 1567; C. H. 1367; and if by the fault of the husband they have become worse, the loss is charged to him. C. I. 1408; C. G. 1562; C. H. 1360, 1375. But of things of which the husband had full dominion, only the price must be restored within a year. C. I. 1401, 1410; C. G. 1551, 1565; C. H. 1347, 1366, 1370. From these the woman can retain for herself linens and those things necessary for her ordinary use, with their actual price deducted, if, after an appraisal of the same had been made, they were first given. C. I. 1411; C. G. 1566. Cf. C. H. 1384.

Besides this, the fruits of the last year of marriage are to be restored, according to the proportion of time. The year is computed from the anniversary day of the marriage celebrated. But the widow can according to her judgment either demand these fruits, or support for the whole year of mourning. Besides, during this year housing and mourning clothes are owed to her. C. I. 1415, 1416; C. G. 1570, 1571; only mourning clothes, C. H. 1879. Cf. C. A. 1242, 1243. Finally, when the marriage has been dissolved, gains also or dotal increases are owed to the surviving spouse from the goods of the deceased, if a pact concerning them was present in the marriage contract. C. I. 1398.

Paraphernal or extradotal goods are those which the wife reserves to herself outside the dowry. C. H. 1381. These are the wife's by full right, and therefore she administers them and enjoys their usufruct. C. I. 1427; C. G. 1576; C. H. 1382. Yet she cannot alienate immovables, nor stand in judgment for them without the express consent of the husband, or, with the husband resisting, without sentence of the tribunal. C. I. 134, 136; C. G. 215, 217, 1576, 1538; C. H. 1387; cf. C. A. 91. The same must be said from C. G. 1536, if the wife is altogether separated in goods. But if the husband administers them from the express or tacit mandate of the wife and receives the fruits, he must restore only the fruits which then exist when the woman asks, or dies; but he must restore all the fruits which he received if the condition was added to the mandate that he render accounts of the fruits, or if the woman opposed herself at least by an extrajudicial act. C. I. 1427 seqq.; C. G. 1576 seqq. But from C. H. 1384, 1389 seqq., if paraphernal goods are handed over by the wife to the husband to be administered, they are then equated with dotal goods, whose dominion remains in the hands of the wife. From C. A. 1238, 1239, unless the wife opposes herself, by presumption of law the administration of the wife's free patrimony is judged to have been entrusted to the husband as legitimate procurator. But he is responsible only for the substance of the thing, or for the capital; he is not bound to give an account of the fruits received, unless this was expressly agreed.

To paraphernal goods belong, and they are the wife's, those goods which, during marriage, she acquires from her own goods, or from singular industry, or from her own extraordinary labor, especially if she exercises commerce in her own name, or also by subtracting something from what has been conceded to her for food, clothing, recreation, etc.; and also those things which were given to her with the express condition that they not fall to the husband. C. A. 1237; L. l. 3, n. 541.

As to the goods of the husband. The wife has no dominion over the goods of the husband. But since the wife is the companion of the husband, and the husband must feed the wife according to her condition, the wife can by her own right take for herself those things which are necessary to her for this reason. Lugo, de Iust. et Iur., d. 16, n. 72; Lessius, de Iust. et Iur., l. 2, c. 12, n. 85. And if by received custom of the region it is accepted that the wife spend something from the goods of the husband, she can also do this. Lugo, l. c. Therefore the wife can take not only those things which are necessary for the body, but also those things which pertain to relieving the mind and to the decency of her state. Lugo, l. c., nn. 68, 70. Nor indeed can she do this for herself only, but also for the children received from that marriage, for the utility of the family, or for removing some harm to it, and this even against the will of the husband. Therefore she can withdraw things from a prodigal husband in order to reserve them for the family in the future, or from an avaricious husband for making moderate alms. Lugo, l. c., n. 65; Lessius, l. c., n. 85. From the very nature of conjugal society the wife has administration of domestic things, the pantry, furniture, etc. C. He. 163; Lugo, l. c., n. 65; Lessius, l. c., n. 85. From C. I. 1432, if the wife administered the goods of the husband, she is subject to the same law to which he himself is subject in the administration of the wife's paraphernal goods.

But when the husband is absent or insane, the wife administers his goods, and she can spend them, according to the strength of the patrimony, for the sustenance and preservation of the dignity of the family, although perhaps the husband, if he were present or in control of himself, would not have spent them. From C. H. 1442, 1444, the wife administering all the goods of the marriage has the same faculties and obligations as when the husband administers them. Yet she cannot alienate or burden immovables. Lugo, l. c., nn. 16, 70; Lessius, nn. 12, 86; L. 541.

As to common goods. From C. I. 1433, 1435, 1436, 1438, 1439, 1441, in the marriage contract itself, although a dowry has been constituted, the spouses can enter together into a universal society, not indeed of goods, but of fruits coming from the goods themselves, whether movable or immovable, whether present or future. Yet this society cannot comprehend debts and credits existing before marriage, nor those which are later deferred by title of succession or donation while the communion itself lasts. The effect of this communion is to render common and divisible those things which are acquired by the spouses together or separately during the communion, whether by common industry, or by thrift made upon the fruits or incomes of the spouses, the debts of the communion itself always being deducted. Goods placed in common are administered by the husband, who cannot alienate them or subject them to mortgage except by onerous title, and if he leases them, he must observe the laws established for leasing which is done by a usufructuary. But the society ceases by the death of either spouse, by the declared absence of one, by definitive separation of persons, and by judicial separation of goods.

From C. H., when a contract concerning goods is lacking, by which they can also establish separation of goods between themselves, the marriage is judged to have been entered under the regime of legal society of gains, 1315, 1432. But if this society is excluded, without the rules by which the goods are governed being expressed, then the dotal regime is observed, and nevertheless the husband receives all the fruits of the society of gains just as if it existed, 1364.

Now by society of gains husband and wife make their own, by half, when the marriage has been dissolved, the gains and benefits indistinctly obtained by either spouse during marriage, 1392. By the law itself the proper goods of each spouse and the common gains are determined, 1396 seqq., 1401 seqq., and also the burdens and obligations of this society, 1408 seqq. The husband administers the society according to the established laws, 1412 seqq.; he can make moderate donations for the sake of piety and beneficence, but cannot reserve usufruct for himself, 1415.

The society is dissolved by dissolution of marriage, by the absence of either spouse, by separation of persons or goods, 1417, 1433. When the society has been dissolved, after an inventory has been made, and dotal and paraphernal goods have been restored, and the other burdens of the society have been satisfied, what remains is divided equally between husband and wife, or their respective heirs, 1418 seqq. Cf. ibid. 1435, 1436.

From C. G. 1393, even if spouses do not establish that certain goods will be common, nevertheless if any other pact is lacking, legal Community has place by force of law. For the pacts which can be entered by spouses before marriage constitute three classes, or a threefold regime, namely the dotal regime, concerning which we have already spoken, the regime of community, and the regime excluding community. Moreover, Community is either legal or conventional, according as it is constituted by law or by a special pact of the contracting parties. 1391, 1400 seqq., 1497 seqq., 1540 seqq. Legal Community coalesces: 1. from all movable goods which the spouses possessed on the very day of the marriage entered, or which afterwards come to them by title of succession or donation; 2. from all fruits and any revenues whatever of immovable goods possessed by the spouses before marriage, or coming to them during marriage; 3. from all immovable goods which were acquired from common goods during the time of marriage. Conventional Community consists in other pacts of the spouses, by which legal statutes can be restricted or relaxed. When these are lacking, the community is governed by the disposition of the law alone.

Under the regime of community the husband alone has administration of common goods. Indeed he can sell them, exchange them, and hand them over into mortgage, even without the consent of the wife. Yet he cannot donate immovables by gratuitous title, nor movables by universal title, or as to their universality or quota, that is, a half, third, or fourth part. He can dispose of some movable thing by gratuitous title, provided he does not reserve usufruct for himself. But when the community has been dissolved, goods and burdens are divided into two parts, unless the wife or her heirs prefer to renounce the goods, and thus to exempt themselves from the burdens. Debts are to be paid by each spouse, or by their heirs. The husband also has administration of the proper or personal goods of the wife. 1400, 1401, 1409, 1422, 1428, 1441, 1453, 1467 seqq., 1497 seqq.

A regime excluding community can be constituted by the spouses in two ways, namely: 1. by declaring that they enter marriage without community; 2. by establishing that each will be altogether separate as to goods. In the former case the man receives all revenues of the wife's goods and alone administers all things. But if they are consumed by use, he is bound to return their value. But in the latter case the woman has administration and usufruct of all her own goods. Each spouse concurs for the burdens of marriage by special pact; but if no agreement exists, the wife must concur up to a third part of her revenues. Therefore in this third regime, as also in the second, some dowry must be contributed by the wife, by which she may in part aid the burdens of marriage; but a dowry of this sort can be alienated by the husband. 1530 seqq., 1536 seqq. Cf. here 868, 1237.

From C. A. 1233, 1234. For communion of goods between spouses a special contract is required. But it is understood only for the case of death, and gives to the spouse a right to the half part of the goods constituted in communion which remain after the death of the other spouse. Cf. art. 1262, 1266.

From C. B. the regime of goods is twofold, legal and conventional. Legal matrimonial regime of goods. By the marriage contract the goods of the wife, even those which she herself acquires during marriage, are administered by the husband, who has their usufruct, but must sustain the expenses of marriage. The goods reserved to the wife are excepted, whether by law, namely clothes, precious gems, and instruments of labor, and goods acquired by labor or the personal exercise of a gainful profession; or by contract, namely those which were declared such by the marriage contract; by succession, legacy, or donation made with that reservation. The wife has administration and usufruct of these reserved goods. When administration and usufruct of the husband have ceased, the husband is bound to restore the goods to the wife and also to render an account of administration. But the wife can demand this cessation if her goods are placed in danger. C. B. 1363 seqq.

Conventional regime of matrimonial goods. Spouses can establish an agreement concerning goods both before marriage and after marriage has been contracted, and they can dissolve or modify the regime of goods. If by the marriage contract the administration and usufruct of the husband is excluded, or if the community of goods is dissolved, then separation of goods is had. But community can be either universal of goods, or particular, or particular of acquisitions, or particular of movables and acquisitions. The husband administers the community and sustains the burdens of marriage from the goods of the community. When the community has been dissolved, the debts having first been paid, those things which remain are divided into two equal parts between the two spouses, or the descendants of either and the widowed spouse. C. B. 1432 seqq.

Besides these things, which are constituted by various laws, all those pacts must be observed both by the husband and by the wife which in the marriage contract either were tacitly entered, according to the proper laws of the region, or expressly constituted by private will, provided however that these agreed pacts do not oppose good morals or the laws. C. I. 1378; C. A. 1217; C. G. 1387; C. H. 1315.

From C. L. It is licit for spouses before marriage to make a contract concerning goods, within the limits of the law, 1096. Agreements of this sort will not be valid unless they have been made by public writing, 1097. If no agreement is made, the marriage is judged to have been contracted according to the custom of the kingdom, 1098. A woman can reserve to herself the right of receiving part of the fruits of her goods, provided it does not exceed a third part, 1104. An agreement can be made of marriage according to the custom of the kingdom, of community of acquisitions, of separation of goods, of the dotal regime, 1099 seqq. Agreement according to the custom of the kingdom imports community of all present and future goods not excepted by law, 1108 seqq. Dominion and possession of these goods is with each spouse; administration is in the hands of the husband, 1117 seqq. When the Community has ended, its goods are divided between the spouses and their heirs, due equality being observed. But satisfaction must be made first to the woman, then to the man, 1123, 1124. Agreement of community of acquisitions does not comprehend goods which are had at the time of marriage, or which afterwards are had by succession or another gratuitous title, 1130 seqq. Agreement of separation of goods does not exclude from community goods acquired without express declaration, 1125. Each spouse preserves dominion of his or her own goods, and their free disposition, with however that restriction for the woman which is made by law, 1127, 1128. Under the dotal regime the husband can alienate movable goods, but is bound concerning their value, 1148. Immovable goods are inalienable except for cases permitted by law, 1149 seqq., nor can they be prescribed during marriage, 1152. When the marriage has been dissolved, dotal goods must be restored to the woman and her heirs, 1156 seqq.

C. He. has the regime of union of goods, communion of goods, and separation of goods. Unless otherwise disposed, spouses are subject to the regime of union, 178. By union of goods all goods which the spouses possess at the moment of the celebration of marriage, or acquire during marriage, are joined into one sole conjugal substance, 194. The part of this conjugal substance brought by the wife remains her property. The husband is owner of the goods which he himself brought, and of any conjugal substance which was not brought by the wife. The wife's revenues and natural fruits of goods brought by her are the property of the husband from the moment when they are owed or separated, 195. The husband administers the conjugal substance, uses and enjoys it as a usufructuary, 200, 201. When the wife has died, the goods brought by her pass to her heirs. When the husband has died, the wife recovers the goods brought by her. If, after separation has been made, an increase is had, two thirds of this pertain to the wife and her descendants, the third part to the husband and his heirs. If on the contrary diminution is had, it is to be sustained by the husband and his heirs unless it is proved to have been caused by the wife. And, if on account of debts made by the husband the wife would obtain less than half of the goods brought by her, her credit for completing this half part is privileged. The cession of this privilege in favor of individual creditors is null, 211 seqq.

By communion of goods all goods and revenues of husband and wife are joined into one undivided substance, which pertains to each. The husband administers it. By the death of either spouse, half part of the common substance pertains to the surviving spouse, the other half part to the heirs of the deceased. Increase is divided into two equal parts between the spouses or their heirs. Diminution must be sustained by the husband or by his heirs, unless it is proved to have been caused by the wife. 215, 216, 225, 240.

Separation of goods regards the whole substance of each spouse. Each preserves ownership, administration, and usufruct of his or her own substance. But the wife is bound to contribute, in an equitable portion, to the burdens of marriage, even with reserved goods. 192, 241, 242, 246. Goods are reserved either by matrimonial contract, or by the liberality of third parties, or by law. Reserved by law are those things which personally and exclusively pertain to either spouse; goods of the wife which serve her for the exercise of her profession or art; and the gain which the wife receives by laboring in her own name. Reserved goods of the wife are not comprehended in the union of goods. 190, 191, 194.

What can a wife do as to entering various contracts? - The wife cannot, without the consent and authority of the husband, donate, alienate, or subject to mortgage her immovable things, contract a loan, cede or demand capitals, stand surety, make a settlement, or act in judgment concerning these acts. C. I. 134; cf. C. G. 215, 217; C. A. 91. Nor can she undertake to manage another's affairs without authorization of the husband. C. I. 1743; cf. C. G. 1990. But a woman needs no consent or authority of the husband or of another when the husband is a minor, interdicted, absent, or expiating a penalty longer than a year, or absent, or when she is juridically separated by the fault of the husband, or when she exercises commerce. C. I. 135; C. G. 220. From C. He. 161, 163, the wife is the one who directs domestic economy and represents it. And from art. 167, the wife has the faculty of exercising a certain profession or art with the express or tacit consent of the husband.

He who contracts with a wife, without the consent and authority of the husband, when this is needed, is obligated to the wife both civilly and naturally; and the wife is likewise obligated to him. But restitution in full is given to the wife and her heirs, and also to the husband while marriage remains, and to those having cause, unless it is proved that what was paid to the wife went to her convenience and utility. C. I. 134, 137, 1157, 1300; C. G. 217, 225, 1304, 1312. From C. H. 1304, the wife is not bound to restore a thing received by contract, when it has been rescinded, unless she became richer by it. Cf. also art. 1163. From C. B. 1365-1371, 1395-1400, 1405-1407, the wife can freely dispose of goods reserved to her; but as to goods subject to the administration and usufruct of the husband, she needs the approval of the husband.

Can a wife sometimes stand surety for the husband? - R. Affirmatively, namely so that she may provide for domestic necessities. But otherwise negatively. Thus commonly. The reason is that the former is sometimes required by the good itself of the family, but the latter is excluded by this same good. Hence it follows that a wife is bound to pay debts legitimately contracted by the husband in the name of the wife, with her knowing and consenting, for the good and convenience of the family itself. L. 454. From C. I. 1405; C. G. 1558, the authority of the judge is required, or from C. He. 177, the consent of tutelary authority.

What is the law if a man and woman contracted an invalid marriage? - If each was aware of the nullity, there is indeed no marriage, and no right from positive law can be claimed from it, whether as to the dowry of the wife, or as to the legitimacy and hereditary succession of the children. C. 10, Qui fil. sint legit.; C. I. 116; C. G. 202; C. A. 160. Yet the son can, during his life, demand support from the father just as if he were legitimate. C. B. 1703. If each was unaware of the nullity, the marriage is just as if it were truly valid, whence rights flow from it as from a true marriage. C. 2, 8, 14, Qui fil., etc.; C. I. 116; C. G. 201; C. A. 160; C. B. 1699; L. l. 7, n. 425.

If one was aware and the other unaware of the nullity, civil rights are established for the spouse alone who contracted in good faith; but the children are legitimate as to each. C. 14, Qui fil.; C. ult., § Si quis 1, de Cland. desp.; C. I. 116; C. G. 202; C. A. 160; cf. arts. 1265, 1266; C. B. 1701, 1702; Schmalz., l. 4, t. 17, nn. 13, 18, 57; Lugo, d. 24, n. 8; L. l. 7, nn. 425, 432. Cf. here 223.

680bis. Can a woman be emancipated from the man, and obtain equality with him? - Emancipation of this sort of woman from the man in the family and in society, whether civil or religious, as also absolute equality in the same order of family and society, is against every law, natural and positive, divine, canonical, and civil, as is clear of itself. Yet from this it does not follow that the condition of the woman is vile, or that she is altogether to be depressed. The nobility of the woman appears from her first production, from her destination by universal nature for propagating the human race together with the man. Whence she is the man's companion. Gen. 2:18 seqq. Yet in this domestic society, the woman is under the power of the man. But this subjection of the woman is in no way servile, but economic. 1 Pet. 3; S. Th. 1 p., q. 92, a. 1; q. 94, a. 4. But if the discourse is about civil society, man by nature itself is destined for exercising rule and for undertaking the greater offices. Woman can exercise arts and lesser offices for which she has aptitude, and which, if she is a mother of a family, do not impede the duties of a mother of a family.

Ulpian, L. 2, de Diversis Regulis Iuris antiqui, lib. 50, tit. 17. Finally, in the Church of Jesus Christ, man and woman are of equal condition in order to faith, to grace, and to obtaining eternal glory. Gal. 3:28. But, since woman is altogether excluded from Order, the sacrament, as to the ecclesiastical hierarchy she is in an inferior condition with respect to man. Yet nothing prevents a woman also from exercising in the Church certain works of religion and charity for promoting the salvation of souls and the glory of God. 1 Cor. 14:34; Rom. 16:1 seqq. Therefore the emancipation of woman from man, or absolute equality between man and woman, cannot be admitted. Yet a woman can well be admitted to undertaking easier and secondary offices which seem more proper to woman, and for which she herself also has greater aptitude, outside domestic society. Consequently women can also be admitted to a certain broader education and instruction beyond domestic matters. But in that exercise of offices, and in this greater education, due precautions must be observed, lest public honesty suffer detriment, and the religion and good morals of women be exposed to danger of perversion.