Year: 1965
Type: article
Abstract: THE system of communal property has in Denmark-as in a number of other continental countries-a long history as the system by which matrimonial property is held.Until 1880 the husband, however, was solely entitled to administer and dispose of community property.The wife was legally a minor, which meant that if she had separate property under a marriage settlement the husband had to administer it.I n 1880 the wife obtained the right to administer income earned by her outside the matrimonial home, and in 1899 she lost her status as a minor, but she was allowed no direct part in the administration of communal property, although the husband in some cases had to obtain her consent.The reason for the reforms in 1880 and 1899 of course was the change in the position of women that was taking place in this country as in many other countries in the nineteenth centurythe same development that resulted in the Married Women's Property Act, 1882, in England.As early as 1875 the question was dealt with a t a Scandinavian level, a t the Second General Scandinavian Lawyers' Conference.On this occasion an eminent Danish lawyer stressed that the legal establishment of separate property would give the wife the advantage of the right to administer her own property.But he also emphasised that this rCgime would mean that the wife lost her half share of the communal property, and that wives who worked in the matrimonial home only might thus be put in an inequitable position.Discussions continued a t a Scandinavian level and the present Danish Matrimonial Property Act of 1925 is based upon the work of a committee which co-operated very closely with the similar committees set up in the other Nordic countries at the beginning of this century.I n fact, the matrimonial property law system in Denmark is in its main principles the same as those in Finland, Iceland, Norway and Sweden : these countries all have legal rkgimes giving the spouses during mam'age an equal right to 1 Act concerning the Legal Effecta of Marriage, no.66, March 18, 1925.
Source: Modern Law Review
Author: Inger Margrete Pedersen
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W1964181948