Our common law is founded on the Roman law, which considers the human being solely in his quality as a propertied being. The old German law, that dealt more favorably with women, has maintained its influence only to a slight extent. In the French language, as in the English language, human being and the male are denoted by the same word, “l’homme”--man. In the same way, the French law only recognizes the man as a human being, and, until a few decades ago, this was true also of England, where women were maintained in abject dependence. It was the same in ancient Rome. There were Roman citizens and wives of Roman citizens, but no Roman citizenesses.
In Germany the legal status of women has been somewhat improved, inasmuch as the great variety of existing laws have been replaced by a uniform law, whereby rights enjoyed by women here and there have been made general. Thereby, unmarried women were admitted to guardianship; women were permitted to act as witnesses, to sign contracts, and to carry on a business independently. Both husband and wife are entitled to the common ownership of each other’s property, unless the demands made by either party may be regarded as an abuse of his or her rights. If there are conflicting opinions between them on this subject, the decision rests with the ~husband~, who also is entitled to determine the place of residence. If the husband should abuse this right, the wife is exempt from obedience. The sole management of the household rests with the wife. She has the so-called power of the keys, which empowers her, within her domestic sphere, to attend to her husband’s affairs and to represent him. The husband is liable for his wife’s debts. But the wife’s power of the keys may be restricted, or entirely abolished, by her husband. Should he abuse his power, this limitation may be annulled by the courts. The wife is obliged to do the housework and to perform tasks in her husband’s business, but only where such occupations are customary, in accordance with the husband’s standard of living. A demand to establish, as the rule, separate rights of ownership by husband and wife, was declined by the Diet. This can only be obtained by means of the marriage contract, which is usually neglected, and may lead to disagreements later on. Instead, community of management was established. The husband is thereby entitled to dispose of his wife’s property, while she is limited to her dowry. On the other hand, the wife has unrestricted control over whatever she may earn during marriage, by personal labor or in business. The husband has no right to deprive the wife of her earnings or her dowry. The wife may also demand security, in case she has good reason to fear that her property is endangered, which she may sometimes learn too late. She may also enter a complaint to have the common ownership abolished, if her husband should fail to provide for her and her children. The husband is liable for damage resulting from mismanagement.