The Law of the Domestic Relations: Including Husband and Wife, Parent and Child, Guardian and Ward, Infants, and Master and Servant (Classic Reprint)

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Fb&c Limited, 25. mai 2017 - 1166 pages
Excerpt from The Law of the Domestic Relations: Including Husband and Wife, Parent and Child, Guardian and Ward, Infants, and Master and Servant

One of the commonest forms of fraud practised by married women is the carrying on nominally in their own names the trades of their bankrupt husbands, who, under the shelter of the contractual powers of their wives, defy the provisions of the Bankruptcy and Debtors Acts. This form of fraud should be rendered more difficult by legislative interference, by throw ing on the husband the burden of proving that a debt incurred by a wife carrying on his late trade was one taken up on her own behalf and not on behalf of himself. The converse state of things is also an engine of chicanery - where the wife carries on a business through her husband; when creditors press, the impecunious husband is put forward as the debtor; but the property of the business is claimed as the wife's separate estate.

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