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Historically, the doctrine of "a husband and wife considered to be one person in the law - and that person was the husband" was called what?
the doctrine of "a husband and wife considered to be one person in the law - and that person was the husband" was called unity of legal personality.
In history, what doctrine prevented a spouses from suing one another?
The doctrine of unity of legal personality prevented spouses from suing one another. The husband and wife were considered one person under law.
Historically, why would a married woman not be able to be sued?
under the doctrine of unity of legal personality, husbands and wife were considered one person and a husband was responsible for the debts of both he and his wife.
What was an ecclesiastical court?
An ecclesiastical court was a church court. It could enforce religious duties/laws.
Historically, if a wife had sexual interourse with a man who was not her husband, what was her husband's recourse?
Historically, a man could sue the offending man in an action for criminal conversation. A man who enticed a wife away from her husband or who offered her shelter and support could also be sued for damages.
Historically, why could a woman not charge her husband with rape for non-consensual sexual intercourse?
Both husband and wife had a duty to have sexual relations with each other. It was both a legal and religious duty and cold be enforced in ecclesiastical courts.

A wife had no right to refuse sexual contact with her husband and therefore sex could not constitute rape.
Historically, what was a husband's right of physical chastisement?
The right of physical chastisement was the husband's right to discipline his wife with physical force.
Historically, what happened to a woman's property upon marriage?
As marriage recognized both husband and wife as one person, namely the husband, all property became that of the husband to do with as he saw fit. That included mortgaging, selling, etc.
Historically, what happened to a woman's property upon dissolution of a marriage?
All property that belonged to the marriage, which in turn means the husband, remained with the husband to do with as he sees fit by virtue of the marriage.
How did wealthy families avoid their daughters losing their property when marrying?
They would create trusts before their daughters married and establish their properties within them; or they would not give their daughters actual ownership of properties.

This allowed their daughter's husbands to have access to income generated from properties in trusts but not the actual properties themselves.
Historically, how did society view children in respect of a marriage and rights of the parents?
Children were considered property and as such were seen as being owned by the husband, like all other property.

The husband had absolute right to determine religious training, education, career choices, and marriage partners of the children.
Historically, was there such thing as alimony? If so, when would it be awarded?
A wife could be awarded alimony only if she could prove that:
  • parties lived separate/apart
  • husband was adulterous
  • husband was cruel/abusive
  • husband deserted 2yrs+

      + wife had not committed above 
Was there a condition for a wife being able to collect alimony payments from a husband?
A wife must have been willing to take her husband back to live with her. If she did take him back and resumed marriage with knowledge of his misconduct, she was considered to have condoned the misconduct and was disentitled to further alimony
Originally there was no divorce. What were the two ways to end a marriage?
  • death of a spouse
  • annulment (divorce a vinculo matrimonii - from the bonds of marriage - absolute)
Later, the ecclesiastical court granted a lesser "divorce" that didn't actually dissolve the marriage, what was it?
If the marriage was valid, either party could apply to the ecclesiastical court for a divorce a mensa et thoro (from bed and board), which was granted for adultery, extreme cruelty, and desertion.
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