关于根据1870年和1882年《已婚妇女财产法》的规定授予定居政策

T. B. Sprague
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摘要

自1870年颁布的《已婚妇女财产法》立法认可已婚男子可以为其妻子和子女的利益投保保险的原则以来,已经过去了12年,该原则规定,尽管他随后破产,但该保险将有效地由他们承担。我相信,立法机关所提供的这种便利,已受到社会上某些阶层的极大赞赏,其中既有通常在结婚时不作财产分配的中下层阶级,也有希望补充结婚时所作的准备,并把一部分积累起来的积蓄固定下来,以便万一发生不可预见的不幸时,对家庭有保障的专业人士和商人。这一原则后来被推广到苏格兰。在英格兰,这一规定被列入一般处理已婚妇女权利和责任的法律;但是,在苏格兰,有关已婚妇女的法律与英格兰的法律根本不同,因此,人们认为最好是通过一项简短的法案来规定这一问题,该法案刊登在1881年7月的《日刊》上。现在认为有必要巩固和修订有关已婚妇女财产的法律,并为此目的废除1870年《已婚妇女财产法》;因此,定居生活政策的问题需要重新考虑。其结果是,今年1月1日开始实施的新的《已婚妇女财产法》重新制定了旧法中关于这一主题的条款,并作了一些重大改进。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
On the grant of Settlement Policies under the provisions of the Married Women's Property Acts, 1870 and 1882
Twelve years have now elapst since the Married Women's Property Act, 1870, gave legislative sanction to the principle that a married man may effect a policy for the benefit of his wife and children, in such a way that the policy will be effectually settled upon them, notwithstanding his subsequent insolvency. I believe that the facilities thus afforded by the Legislature have been greatly appreciated by some classes of the community,—both by the lower middle classes who usually make no settlement upon their marriage, and by professional and mercantile men who have desired to supplement the provisions they made upon marriage, and to settle a portion of their accumulated savings so as to be secured to their families in the event of unforeseen reverses overtaking them. This principle has since been extended to Scotland. In England the provision was included in an Act dealing generally with the rights and liabilities of married women; but in Scotland the law relating to married women is fundamentally different from that in England, and it was therefore thought better that the provision should be made by a short Act dealing only with this matter, which Act is printed in the Journal for July 1881. It has now been considered desirable to consolidate and amend the law relating to the property of married women, and for this purpose to repeal the Married Women's Property Act, 1870; and the question of Settlement Life Policies therefore came up for reconsideration. The result has been that the new Married Women's Property Act, which came into operation on 1 January last, re-enacts with some material improvements the clause on the subject in the old Act.
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