Voet. Commentarius ad Pandectas; Book 23. Title 2. On marriage laws

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 Excerpt: ...of the family, or has borrowed money from outside sources, and actually spent it for the use of the family, eleven if she still keeps the coin herself. (I). 15. 3. 3. 3.) Groeuewegou /. 12. C. de pignor. et hypoth. 47. Moreover as the ransom of prisoners was regarded with favour by the Roman law, and even alienations of sacred things could bo made for that purpose (C. 1. 2. 21.), and gifts of more than fiv» hundred aurei were ratified although not published in the register of public acts; (C. 8. 54. 34.) so too it seemed right that the transactions of a woman in order to free her husband from captivity or prison ought to be confirmed and established, provided that she had made favourable terms, and a prudent person could not have purchased liberation and freedom more cheaply. But if she seems to have been cheated owing to the weakness of her sex, and to the fact that others had made her anxious for her husband's safety, so that she stipulated for far more than it was just to pny for her husband's release, then it is scarcely possible that she and her husband would be held bound for more than the sum which should have been stipulated, Eodenburch de jure conjugum tit. 2. cap. 1. num. tilt. But apart from this case, which was regarded with favour by the law, mere absence on the part of the husband was not regarded us sufficient justification to establish the wife's contract which had been entered into without his knowledge; whenever, for instance, the husband is unavoidably absent on account of banishment, for the marital control is by no means lost in this manner, and his content could easily be obtained during his absence by means of letters; or he could give a general mandate to his wife, as to a procuratrix, so as to enable her to contract during his ...