A Concise View of the Law of Husband and Wife As Modified by the Married Women's Property Acts: With an Appendix of Statutes (Classic Reprint)

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Fb&c Limited, 20. nov 2017 - 146 pages
Excerpt from A Concise View of the Law of Husband and Wife as Modified by the Married Women's Property Acts: With an Appendix of Statutes

The theory of the old law was that husband and wife are one person. The fundamental principle of the new law is that husband and wife are distinct persons, with independent, and possibly conflicting, rights.

I have endeavoured to state the old law - shortly, since existing standard works seem to render a fuller statement uncalled for - and to show the altera tions made by the new law, with its varied application according to the date of marriage.

The Married Women's Property Act, 1882, has left much to be supplied by judicial interpretation, the burden of which for some time will rest upon the judges of the County Court. I have endeavoured to suggest solutions of some of the many doubts arising upon the construction of this Statute, which will probably be found to be more far-reaching than its authors contemplated, and more radical than a casual perusal of its provisions might suggest.

This work, which it was intended should appear with the commencement of the Act, has been delayed by pressure of other matters.

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