Page:An introduction to Roman-Dutch law.djvu/119

 Rh MARRIAGE 79 . Though a wife's contract cannot be enforced against (f) wife's her, she may, if she pleases, confirm it after her husband's °^", ,,,„.. contracts death and enforce it agamst the other contractmg party, may be . The contracts of a wife, as of a minor, are in certain after^hus- cases legally operative. Thus : (a) She may enter into band's a unilateral contract which is solely to her advantage. ,^f Her husband reaps the benefit, and payment must be are in made to him, and not to the wife without his knowledge.^ 7^ei^ (b) Husband and wife are rendered liable by the wife's cases contracts, though made without the husband's authority t:^eT Viz. or ratification, to the extent of their enrichment — that is, (") if uni- to the extent to which he or she has taken a benefit and'ad- under the contract.^ vantage- (c) A wife who is authorized or permitted by her hus- /^> y g^. band to carry on the business of a pubhc trader binds richment herself and her husband by her trade contracts.* It (^)^f the makes no difference whether she is above or below the wife is a normal limit of full age.^ The wife's authority to bind ™ ^^ ' herself or her husband ceases if the husband has revoked his consent. Such revocation must be communicated to third parties and cannot be made to their prejudice in respect of transactions already begun.* {d) A wife may bind herself and her husband by contracts (S) if inci- incidental to the household.'' This authority results from t^e home- the wife's position as domestic manager and cannot be told. taken from her except by judicial decree and pubhc ^ Voet, 23. 2. 43. Van Leeuwen (1. 6. 7), citing Stockmans, Decis. no. 52, says that the wife's contracts do not revive upon the dissolu- tion of the marriage, but this must be understood to mean ' do not revive against her will '. ^ Voet, 23., 2. 44. Gr. 1. 6. 23 (ad fin.) ; Voet, 23. 2. 43 ; V. d. L. 1. 3. 7. V. d. L. vbi sup. ^ Voet, loc. cit. ^ Voet, loc. cit. ' Gr. uhi sup. ; Van Leeuwen, vAi sup. ; Voet, 23. 2. 46 ; Mason V. Bernstein (1897) 14 S. C. 504. The wife is only liable to the extent of a half, and if community of property and of profits has been excluded may claim indemnity from her husband or his heirs. V. d. K. Th. 99. When a wife has been deserted by her husband, and buys necessaries for herself and her chil(b:en, she is liable to the extent of one-half only, even though the tradesman when supplying the goods stated that he would not give credit to the husband. Grassinan v. Hoffman (1885) 3 S. 0. 282.
 * Gr. 1. 5. 23 ; Van Leeuwen, 1. 6. 8 and 2. 7. 8 ; Voet, 23, 2. 44 ;