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NeCede's

Maxim 4.1.15

A wife has no power of her own, but is under the government of her husband.

Uxor non est sui juris sed sub potestate viri.

Source: 3 Inst. 108; Jackson; Weisman, 79j Difficulty 3/5 — Intermediate

Explanation

Under the common law doctrine of coverture, the wife's legal capacity was absorbed into her husband's — she could not sue, contract, or hold property independently during the marriage.

Where this applies

  • Historical limits on a wife's legal capacity under coverture.
  • A married woman's inability to contract independently under old common law.

Legal domains

constitutionalfamily

Cite this maxim

NeCede Max. 4.1.15 — A wife has no power of her own, but is under the government of her husband. — 3 Inst. 108; Jackson; Weisman, 79j (Uxor non est sui juris sed sub potestate viri.)

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