Page:History of Woman Suffrage Volume 4.djvu/754

 Art. 126. A married woman over the age of twenty-one years, may, by and with the authorization of her husband, and with the sanction of the Judge, borrow money or contract debts for her separate benefit and advantage, and to secure the same, grant mortgages or other securities affecting her separate estate, paraphernal or dotal.

Art. 135. The wife may make her last will without the authority of her husband.

Art. 302. The following persons can not be tutors [i. e., guardians]: 1. Minors, except the father and mother. 2. Women, except the mother or grandmother. 3. Idiots and lunatics. 4. Those whose infirmities prevent them from managing their own affairs. 5. Those whom the penal law declares incapable of holding a public office, etc.

Art. 1316. Married women, even if separated in property, can not institute a suit for partition without the authorization of their husbands or of the Judge.

Art. 1480. A married woman can not make a donation inter vivos [between living persons] without the concurrence or special consent of her husband, or unless she be authorized by the Judge. But she needs neither the consent of her husband nor any judicial authorization to dispose by donation mortis causa [in prospect of death].

Art. 1591. The following persons are absolutely incapable of being witnesses to testaments: 1. Women of what age soever. 2. Male children who-have not attained the age of sixteen years complete. 3. Persons who are insane, deaf, dumb or blind. 4. Persons whom the criminal laws declare incapable of exercising civil functions.

Art. 1664. A married woman can not accept a testamentary executorship without the consent of her husband. If there is between them a separation of property, she may accept it with the consent of her husband, or, on his refusal, she may be authorized by the courts.

Art. 1782. All persons have the capacity to contract, except those whose incapacity is specially declared by law—these are married women, those of insane mind, those who are interdicted, and minors.

Art. 2335. The separate property of the wife is divided into dotal and extradotal. Dotal property is that which the wife brings to the husband to assist him in bearing the expenses of the marriage establishment. Extradotal property, otherwise called paraphernal property, is that which forms no part of the dowry.

Art. 2338. Whatever in the marriage contract is declared to belong to the wife, or to be given to her on account of the marriage by: other persons than the husband, is part of the dowry, unless there be a stipulation to the contrary.

Art. 2347. The dowry is given to the husband, for him to enjoy the same as long as the marriage shall last.

Art. 2349. The income or proceeds of the dowry belong to the husband, and are intended to help him support the charges of the marriage, such as the maintenance of the husband and wife, that of their children, and other expenses which he may deem proper.