Page:An introduction to Roman-Dutch law.djvu/134

 Rh 94 THE LAW OF PERSONS of the property brought into the marriage (or part of it) upon the dissolution of the marriage by death. Morgen- To gifts of the first kind the old Dutch Law gave the ^^^^' name of ' morgengave ', a term applied originally to a gift by the husband to the wife on the morning after marriage.^ A provision which took effect only on the death of the husband or wife was known as ' douarie '.^ Prima facie there is no legal objection to any such settlement. The ante-nuptial pact which creates it is, at all events, binding upon the spouses. If made by third parties to either spouse, or by the wife to the husband, or by the husband so as to confer rights on the issue of the marriage, it would by the Dutch common law be good against creditors. But when a husband made a gift or promised a douarie to his wife the law was otherwise ; for by express statutory enactment her claim in this regard was only allowed to take effect when her husband's creditors had been fully satisfied. The law on this subject is contained in the Provisions Perpetual Edict of Charles V of October 4, 1540, Art. 6, Perjetual "^^^^ ™^^ ^S foUoWS : » Edict of ?'un^'^ ^' ' ^^^'"> whereas many merchants take upon themselves Art. 6. *o constitute in favour of their wives large dowers and excessive gifts and profit on their goods, as well in order to contract a marriage as to secure their goods with their aforesaid wives and children, and thereafter are found unable to pay and satisfy their creditors, and wish their wives and widows to be preferred before all creditors, to the great injury of the course of commerce : We will and ordain that the aforesaid wives, who henceforth shall contract marriage with merchants shall not pretend to, have, or receive any dowry {douwarie) or other profit on the goods of their husbands, or take part or portion in the profits made by the said husbands or during their marriage [sic], although they may have been inherited or given in ^ Hoola van Nooten, vol. i, p. 446 ; Wessels, Hist. R.-D. L., p. 463. Boey ( Woordentolk) says : ' Morgengaav is een gift die de Bniidegom aan de Bruid gewoon is te doen des anderen daags naa 't voltrokke huwelyk als een belooning van haer Maagdom.' V. d. K. Th. 258. V. d. K. Th. 259 ; V. d. L. 1. 3. 4 : Wessels, uhi sup. " 1 G. P. B. 316.