Page:An introduction to Roman-Dutch law.djvu/126

 Rh 86 THE LAW OF PERSONS Per- mitted stipula- tions fall into cer- tain de- fined of nar- rower or wider extent. To undertake a detailed discussion of the various ante-nuptial stipulations which are or may be made is beyond our scope. We shall indicate, however, the principles which govern the interpretation of such agree- ments, and mention the objects usually aimed at and the effect produced. So far as they are directed to the modification or exclusion of the common law they fall into weU-defined groups according as the exclusion is more or less complete ; and in this connexion it must be remem- bered that ante-nuptial contracts are strictly construed, and that the presumption is in favour of the continuance of the common law in aU cases where its exclusion is not clearly expressed or imphed.^ The consequences of marriage in community have been seen to be mainly two : viz. community of goods (which extends not only to goods brought into the marriage, but also to subsequent acquisitions^ and profits), and the mari- tal power. Now, any or all of these consequences may be excluded by ante-nuptial contract. Thus the parties may : . Exclude (a) community in respect of goods brought into the marriage, leaving it unimpaired as regards (6) post- nuptial acquisitions, (c) profits and losses, and (d) the marital power. Such is the effect of a stipulation which does not exclude community of goods in terms, but pro- vides that ' the goods brought into the marriage shall return to the side whence they came '.^ . Exclude community of goods, whether (a) brought into the marriage, or (6) after-acquired (other than ' profits '), leaving unimpaired (c) the community of profit and loss, and (d) the marital power. . Exclude community of goods whether (a) brought into the marriage, or (6) after-acquired (not being profits), and (c) community of profit and loss, leaving only {d) the marital power. Gr. 2. 12. 11 ; V. d. K. Th. 251. ^ By ' subsequent acquisitions ' is here meant " subsequent acquisi- tions ' not referable to the head of profits. This will be explained below. " Voet, 23. 4. 46 ; Hoola van Nooten, vol. i, pp. 450-1.