DUBRU (Marcel) – CIVIL EQUALITY OF SPOUSES IN MARRIAGE, Commentary on the law of April 30, 1958 relating to the respective rights and duties of spouses.
DUBRU (Marcel) – CIVIL EQUALITY OF SPOUSES IN MARRIAGE, Commentary on the law of April 30, 1958 relating to the respective rights and duties of spouses.
DUBRU (Marcel) – CIVIL EQUALITY OF SPOUSES IN MARRIAGE, Commentary on the law of April 30, 1958 relating to the respective rights and duties of spouses.
    DUBRU (Marcel)
    CIVIL EQUALITY OF SPOUSES IN MARRIAGE, Commentary on the law of April 30, 1958 relating to the respective rights and duties of spouses.
Édition :
    Brussels
Date :
    1959
    octavo, half ivory vellum, gilt title on garnet morocco binding with gilt fillets framing, spine decorated with gilt lace, binding with the monogram "J. G. G.", original cover preserved, very good condition, 255 p.
    "Mr. Dubru's work is an excellent guide for studying the law of April 30, 1958, by which Belgium rejected the principle of marital power proclaimed by the Napoleonic Code and replaced it with the opposite principle of equality between spouses. It contains valuable information on the preparatory work and initial commentaries. Above all, it offers very personal views on the scope of the reform. It is known that, following the example of the French laws of February 13, 1938, and September 22, 1942, the Belgian legislature simply amended the provisions of the Civil Code relating to the rights and duties of spouses, and left the existing organization of matrimonial property regimes in place, except for granting the wife, under a separate property regime, all the rights resulting from her full legal capacity. The reform is therefore essentially non-patrimonial. It restores to the married woman her full legal capacity and abolishes marital power." It goes even further than the aforementioned French laws, by not replacing the old principle of the husband as head of the family. (…) A significant portion of the work is devoted to the impact of the reform on matrimonial property regimes, and particularly on the community property regime. Although the law has reserved all the powers resulting from these regimes under the Civil Code, the author believes that the new principle of equality entails implicit abrogations or modifications. Thus, he argues that it is no longer a matter of public policy to recognize the husband as head of the community property; he considers that the wife can now alienate the full ownership of her separate property without her husband's consent; he believes that the provisions concerning inheritance debts are implicitly modified. (André Rouast, RIDC no. 1/1961, p. 236 et seq.).

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Mots-clés : Family Law - Personal Law

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