§ II. On Wives

I say, 1st. By Roman law a wife cannot contract or dispose concerning the dowry and its fruits, nor concerning the goods of the family, when the husband is present and able to administer these goods, when he is reasonably unwilling. It is otherwise if the husband is absent, insane, or foolish, or if he expressly or tacitly consents, or if he is not reasonably unwilling. But she can, at her pleasure, contract or dispose, even when the husband is unwilling, concerning paraphernal goods.

I say, 2nd. By our law she can contract concerning all those things which are required for her nourishment and decent sustenance, even if the husband contradicts, provided nevertheless that she does not live with an adulterer or has not departed of her own accord from the house of her husband. But in those States where wives are permitted to be engaged in separate commerce, they can contract in all those things which are directed to this commerce. - Cf. Kenrick, tract. 11, n. 4. - Kent, Comment. vol. 2, part 4, lect. 28, n. 154.

You Will Resolve. - 1st. If a wife contracts without the consent of the husband with injury to his rights or goods, the contract is altogether void. But a wife of bad faith, although in that case she cannot oblige the husband, is nevertheless held to repair the damage inflicted upon another.

2nd. The nullity of a wife's contract can be invoked by the husband in conscience, even if he has not suffered injury properly so called, because the nullity was sanctioned chiefly in his favor.