Page:An introduction to Roman-Dutch law.djvu/118

 Rh 78 THE LAW OF PERSONS (c) hus- band ad- mimsteis wife's pro- perty ; (d) does not render an ac- count ; (e) con- tracts in his wife's name ; in judicio. She must sue or be sued assisted by her husband.-^ . As administrator of his wife's property the husband may aKenate and encumber it as he pleases without her consent.^ This applies even to property which she has kept out of community. The wife, on the other hand, may not alienate or encumber her property without his consent,^ unless in due course of trade.* . The husband is not compellable to render an account of his marital administration,® nor to indemnify the wife or her heirs for his negligence.* . The husband may contract in his wife's name, and render her liable '' or entitled * under contracts so made. The wife cannot, without the consent of her husband, render herself civiUy liable by her contracts ^ except in cases in which a minor would be liable. ■^'' But she does incur a natural obhgation, which is a good foundation for a contract of suretyship, and will exclude the condictio indebiti in case she has paid money in ptu-suance of such obligation, after her husband's death.-'^ Contracts made without her husband's authority being civilly void, neither wife nor husband can be sued upon them either dming the marriage or after its determination.^^ Subsequent ratification by the husband, however, has the same effect as antecedent authority, and so also, it seems, has tacit acquiescence.-^^ Gr. 1. 5. 22-23 ; Van Leeuwen, ubi sup. ; Voet, 6. 1. 14 ff., and 23. 2. 41 ; V. d. K. Th. 95. But a woman married out of com- munity who has the management of property is entitled to sue in her own name without the assistance of her husband. Boyes v. Verzigman (1879) Buch. 229. ^ Gr. 1. 5. 22 ; Schorer ad Gr. 2. 48. 2 ; Van Leeuwen, ubi sup.; Voet, 23. 2. 58 ; 23. 4. 21 ; 23. 5. 7 ; V. d. K. Th. 92. This extends to donations to third parties unless fraudulent. Voet, 23. 2. 54. Gr. 1. 5. 23 ; Van Leeuwen, 2. 7. 8. * Gr. loc. cit. Sande, Decis. Fris. 2. 4. 1. « V. d. K. Th. 91. ' Gr. 1. 5. 22 ; 3. 1. 30 ; V. d. L. 1. 3. 7. » Gr. 3. 1. 38. Gr. 1. 5. 23 ; Voet, 23. 2. 42. " Voet, 23. 2. 43. ^' V. d. K. Th. 96. Secus if payment has been made during his life- time without his authority. Voet, 12. 6. 19. Voet, 23. 2. 42.