Page:American Journal of Sociology Volume 8.djvu/715

 THE NEW WOMAN IN JAPAN 695

But let us look a little more particularly into the provisions relating to marriage, divorce, etc. The marriageable age is seventeen full years for men and fifteen full years for women. Marriage takes effect when notice of the fact is given to a registrar, by both parties with two witnesses. From this it will appear that the ceremony is a " purely social function, -having no connection whatsoever with law beyond the somewhat remote contingency of its being adducible as evidence of a marriage having taken place." And here is where some Japanese Chris- tians make an unfortunate and sometimes serious mistake, in thinking that the ceremony by a minister of the gospel is suf- ficient and registration is a matter of convenience. Without registration a marriage is not legal.

The right of marriage is not free, except to the head of a family. 1 All other persons, whatever their ages, can marry only with the consent of the head of his or her family. Men under thirty and women under twenty-five cannot marry without the consent of the parents ; and minors in some cases must obtain the consent of the guardian or even of a family council.

In Art. 790 it is stipulated that "a husband and wife are mutually bound to support one another." A husband manages the property of his wife, unless he is unable to do so, when she manages it herself. "With regard to daily household matters, a wife is regarded as her husband's agent."

There are two ways of effecting divorce : either by arrange- ment, which is effected in a similar way to marriage that is, by simply having the registration of marriage canceled or by judicial divorce, which may be granted on several grounds specified in the Code. But divorce by arrangement cannot be effected by persons under twenty-five years of age without con- sent of the person or persons by whose consent marriage was effected. And if the persons who effect this kind of divorce fail to determine who is to have the custody of the children, they belong to the father; but "in cases where the father leaves the family owing to divorce, the custody of the children belongs

'The word "family" is here and hereafter used in a technical sense, peculiar to Japan, of a group of the same surname. In old Japan the family was the social unit.