Natal Law Reports; Supreme Court Volume 7 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...retain his property;" and it was held that community in profit and loss was not thereby excluded. We have, I think, to take it that the jurists who cite, as is generally done, this decision for Grotius, or some other equivalent proposition, regard it as deciding that words substantially the same as those in the ante-nuptial contract before us, do not exclude community of profit and loss. I mention that, because there was in that case a circumstance which does not occur in the present, as the settlement there went on to provide as follows: " That the wife shou'd reserve to herself, besides ownership of her property, also the fruits for the better education of her children." And this clause is referred to in the notes to the decision, but not as being necessary to it; and the notes state generally that he who is unwilling that the fruits of his property should bo common, must saj so in the marriage contract. Neostadius't head note or summary in respect of the decision is as follows: --" (1) Case for decision; (2) he who exempts his goods from matrimonial community, and has provided nothing specially as to fruits, that of gain, which, when tho marriage is at an end, shall have been made from the fruits, will not be regarded as exempted from community; (3) in marriage settlements, he who is unwilling that fruits of his property should be common, must introduce that iuto the contract." What are called fructus there, seem to have been immovable property acquired during the marriage by, I presume, purchase (and called in the Latin text, Novalia). Wesel (Conj. Com., Tr. 2., c. 2., n. 224) says that we are to be admonished that whatever is not specially expressed in dotal pacts, is left to be governed by our municipal law; for, only as far as the parties...