Page:An introduction to Roman-Dutch law.djvu/121

 Rh MARRIAGE 81 an integral part of the law of the country. As such it is a purely Germanic institution, and derives nothing from the law of Rome. The effect of community, where it its effects. exists (for in Ceylon ^ and British Guiana ^ it exists no longer) is to create a joint fund under the administration of the husband, consisting (with some exceptions) of all the property of both the spouses, as well existing at the Includes time of the conclusion of the marriage as after-acquired.^ P'^°P^'"*y' It extends to all property of the spouses,* wherever situated,^ immovable as well as movable, and to jura in personam, or rights arising from obhgations, as well as to jura in rem. Conversely, the lawful liabilities of the andlia- spouses, whether ante-nuptial or post-nuptial, are also ^oth^' °* charged upon the community and go to diminish' the spouses j joint estate.^ Community begins when marriage begins, i.e. so soon as the necessary rites or ceremonies have ^ Ceylon, Matrimonial Eights and Inheritance Ordinance (No. 15 of 1876), sec. 8 : 'There shall be no community of goods between husband and wife, married after the proclamation of this Ordinance, as a conse- quence of marriage.' Brit. Gui., Ord. No. 12 of 1904, sec. 6. In Natal by Law No. 22 of 18B3, sec. 2, community of goods does not attach to any spouses married elsewhere than in South Africa, unless the spouses by agree- ment exempt themselves from this law. Voet, 23. 4. 30 ; V. d. K. Th. 91-92 ; V. d. L. 1. 3. 8 ; Hoola van Nooten, vol. i, p. 408. This is expressed in the proverb : Man ende wijf hebben geen verscheyden goet. Anton. Matthaeus, Paroem. no. 2. (2) Property burdened with a fidei-commissum, except only as regards the profits until the f.-c. takes effect, Gr. 2. 11. 10 ; Voet, 23. 2. 71 ff. ; V. d. K. Th. 220-1 ; (3) Jewels, &o., given by the bridegroom to the bride on marriage. Van Leeuwen, 4. 24. 13 ; (4) Clothes, Hoola van Nooten, vol. i, p. 411. ° Voet, 23. 2. 85 and 23. 4. 29 ; unless the law of the lex situs requires a more formal mode of transfer, in which case a personal action lies to compel transfer in due and solemn form. Chiwell v. Carlyon (1897) 14 S. C. at p. 66. ° ' Die den man of de vrouw trouwt, trouwt ook de schulden.' Gr. 2. 11. 12 ; V. d. K. Th. 222 — so much so that an ante-nuptial stipulation to the contrary is void in law, unless community of goods is also excluded. Voet, 23. 2. 80. A married woman therefore may be utterly ruined by her husband's extravagance, but the remedy is in her own hands, viz. to apply to the Court for a separation of goods (boedelscheiding) and, if necessary, to have the husband interdicted as a prodigal. Gr. 1. 5. 24 ; Voet, 23. 2. 52 ; Hoola van Nooten, vol. i, p. 417 ; V. d. L. 1. 3. 7 (in fin.). 1713 G
 * With some exceptions, however: viz. (1) Feuds (in the Dutch Law);