Note 44 — Chapter III

An examination of the modifications made during the last century in the matrimonial law and in matters pertaining to it, shows that the position of the married woman has improved gradually. To cite only a few examples, the French civil code gave to the married woman the right of divorce in the case of adultery on the part of her husband only if he kept a concubine in the common dwelling (art. 230). In 1884 this article was modified so that the woman now has the same right of divorce in case of adultery as the man. (Article 337 of the penal code, however, punishes the adulterous wife by an imprisonment of from three months to two years, while article 339 punishes the adulterous husband only if he has been keeping a concubine in the common dwelling, and then only by a fine of from one hundred to two thousand francs.) In England before 1870 the married woman was in a position of dependence. The right of possession of personal property as well as the administration of real estate and the benefit of revenues from it devolved upon the husband. Since 1870 and 1882 there has been a great change in the matrimonial law, to the great advantage of the woman who has become, among other things, the sole owner of her fortune, etc.44 In the countries where there have been no modifications in the last century, public opinion is such that we may be sure that the condition of women will be better in case of an eventual revision of the matrimonial law.