| 词汇 | Divorce2 |
| 释义 | `1`Divorce2 `2` "Legal Lexicon": The effects of a divorce a vinculo on the property of the wife, are various in the several states. When the divorce is for the adultery or other criminal acts of the husband, in general the wife's lands are restored to her; when it is caused by the adultery or other criminal act of the wife, the husband has in general some qualified right of curtesy to her lands; when the divorce is caused by some preexisting cause, as consanguinity, affinity or impotence, in some states, the lands of the wife are restored to her. At common law, a divorce a vinculo matrimonii bars the wife of dower; but not a divorce ti mensa et, thoro, though for the crime of adultery. If land be given to a man and his wife, and the heirs of their two bodies begotten, and they are divorced a vinculo, etc., they shall neither of them have this estate, but be barely tenants for life, notwithstanding the inheritance once vested in them. If a lease be made to husband and wife during coverture, and the husband sows the land, and afterwards they are divorced a vinculo, etc., the husband shall have the emblements in that case, for the divorce is the act of law. As to personalty, the rule of the common law is, if one marry a woman who has goods, he may give them or sell them at his pleasure. If they are divorced, the woman shall have the goods back again, unless the husband has given them away or sold them; for in such case she is without remedy. If the husband aliened them by collusion, she may aver and prove the collusion, and thereupon recover the goods from the alience. If one be bound in an obligation to a feme sole, marry her, and afterwards they are divorced, she may sue her former husband on the obligation, notwithstanding her action was in suspense during the marriage. And for such things as belonged to the wife before marriage, if they cannot be known, she could sue for after divorce, only in the court Christian, for the action of account did not lie, because he was not her receiver to account. But for such things as remain in specie and may be known, the common law gives her an action of detinue. Divorces a mensa et thoro, are a mere separation of the parties for a time for causes arising since the marriage; they are pronounced by tribunals of competent jurisdiction. The effects of the sentence continue for the time it was pronounced, or until the parties are reconciled. A divorce a mensa et thoro deprives the husband of no marital right in respect to the property of the wife. Children born after a divorce a mensa et thoro are not presumed to be the husband's, unless he afterwards cohabited with his wife. By the civil law, the child of parents divorced, is to be brought up by the innocent party at the expence of the guilty party. --b-- |
| 随便看 |
|
英汉汉英法律词典收录144709条英汉法律翻译词条，基本涵盖了全部常用法律英语单词的释义及例句，是法律专业英语学习的有利工具。