Lectures on the New Japanese Civil Code; As Material for the Study of Comparative Jurisprudence (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. 1912 Excerpt: ...most usual being that "she does not conform to the usage of the family." It must be further observed that divorce during this period meant only the abandonment of the wife on the part of the husband. The wife had no legal right to demand divorce from her husband on any ground. Divorce, therefore, was not a bilateral, nor even a reciprocal, act. It was an unilateral act of the husband. To bring an action against the husband, or to give information of a crime against him was itself considered a grave offence; and so a wife could not demand divorce in the court of law. Divorce was the privilege of the husband only, as in the Mosaic and other primitive laws. But this state of things has changed since the Japanese law passed from the Chinese and entered the European Family of laws. In the 6th year of Meiji (1873) the following Law (No. 162) was enacted, which, for the first time, allowed the wife to bring an action of divorce against the husband: --" Whereas it has frequently happened that a wife asked divorce from her husband on account of unavoidable circumstances, to which the latter unreasonably withheld his consent for many years, thereby causing her to lose the opportunity of second marriage, and whereas this is an injury to her right of freedom, it shall be henceforth allowed to the wife to bring an action against her husband, with the assistance of her father, brother or other relative." This law may be considered a revolution in the legal position of woman. The new Civil Code went a step farther and placed husband and wife on an equal footing in this respect. According to the Code two kinds of divorce are recognized, cotisensual and judicial, the former being effected by arrangement of parties, while the latter is granted by a court o...