Page:An introduction to Roman-Dutch law.djvu/133

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MARRIAGE
93

back, which option she has exercised after her husband's death so as to exclude community; or (c) a clause prohibiting the husband from alienating property brought into the marriage by the wife, and the husband has never- theless alienated the property, or part of it, without her knowledge and consent.2 In the last case she will also, it seems, be able to vindicate her property in the hands of third parties to whom the husband has made it over. But if the wife, having retained and reserved the possession and administration of her own property, knowingly allows her husband to deal with it, she will lose her hypothec and preference over creditors, just as if she had renounced these rights by a contrary stipulation.4

The ante-nuptial pacts above described have all been directed to the exclusion or modification of the common law consequences of marriage.5 It remains to speak of stipulations of another kind, namely those which may be generically described as ' settlements'. Under this head may be included: (1) gifts made to one or other of the spouses, but more especially to the wife, either by the husband or by some third party, and taking effect imme- diately upon the conclusion of the marriage; (2) contracts whereby the wife or husband is to receive something by way of gift at some future date, usually upon the death of the other spouse; (3) provisions regulating the devolution