ART. 2377. [2356.]—The privilege granted by the preceding article can not in any case extend to immovables, and can never affect the rights of creditors, whose mortgage is prior to that of the wife.

C. N. 1572; 2 A. 789.

ART. 2378. When by marriage contract, the parties, being of age, shall agree that the legal mortgage of the wife shall exist only on one or more immovables belonging to the husband, the immovables and other property not included therein, shall remain free and released from the legal mortgage of the wife. It shall not be lawful to stipulate that no mortgage whatever shall exist in favor of the wife for the dotal rights.

(New Article.) C. C. 3219 (3287) D. Sec. 1706, 2429. Acts 1855, p. 308. ART. 2279. During the marriage, the husband may, with the consent of his wife, if she be of age, be authorized by the judge, with the advice of five of the nearest relations of the wife, or friends, for want of relations, to mortgage, specially for the preservation of his wife's rights, the immovables which he shall designate; and then, the surplus of his property shall be free from any legal mortgage in favor of his wife.

(New Article.) D. Sec. 1707, 2430. Acts 1855, p. 308.

ART. 2380. If the wife be a minor, the judge may still grant the authorization mentioned in the preceding article, provided it be with the assent of a family meeting, composed as aforesaid, and a curator ad hoc appointed to the wife.

(New Article.) D. Sec. 1708, 2431. Acts 1855, p. 308.

ART. 2381. [2358.]-If the husband was already insolvent and had neither art, trade nor profession, when the father settled a dowry on his daughter, she shall be bound to collate to the succession of her father only, the action she has against the succession of her husband, to be reimbursed for the wife.

But if the husband has become insolvent only since the marriage or if he exercised a trade or profession, which was to him instead of an estate, the loss of the dowry falls solely upon the wife.

C. N. 1573.

ART. 2382. [2359.]-When the wife has not brought any dowry, or when what she has brought as a dowry is inconsiderable with respect to the condition of the husband, if either the husband or the wife die rich, leaving the survivor in necessitous circumstances, the latter has a right to take out of the succession of the deceased what is called the marital portion: that is, the fourth of the succession in full property, if there be no children, and the same portion, in usufruct only, when there are but three or a smaller number of children; and if there be more than three children, the surviving, whether husband or

wife, shall receive only a child's share in usufruct, and he is bound to include in this portion what has been left to him as a legacy by the husband or wife, who died first..

C. C. 560 (553), 882 (878), 3252 (3219); 6 L. 105; 17 L. 374; 9 R. 101; 3 A. 104, 713; 5 A. 158; 10 A. 190, 450, 675; 11 A. 657; 13 A. 159, 613; 19 A. 14; 22 A. 10; D. Sec. 414, 2369, 3686.

SECTION 3.

Of Paraphernalia or Extradotal Effects.

ART. 2383. [2360.]-All property, which is not declared to be brought in marriage by the wife, or to be given to her in consideration of the marriage or to belong to her at the time of the marriage, is paraphernal.

C. C. 2338 (2318), 2446 (2421); C. N. 1574; 1 A. 301; 14 A. 684; 16 A. 209; 17 A. 204, 221; 18 A. 588; 21 A. 239, 240.

ART. 2384. [2361.]-The wife has the right to administer personally her paraphernal property, without the assistance of her husband.

C. N. 1576; 1 L. 201; 16 L. 5; 17 L. 299; 18 L. 431; 6 R. 41; 2 A. 1, 890; 14 A. 63, 676; 16 A. 203, 212; 17 A. 204, 224; 20 A. 40, 301.

ART. 2385. [2362.]-The paraphernal property, which is not administered by the wife separately and alone, is considered to be under the management of the husband.

16 L. 1; 18 L. 434; 12 R. 524; 12 A. 562; 14 A. 68, 281; 15 A. 204; 16 A. 271, 290; 18 A. 105, 588; 20 A. 206; 21 A. 343, 345.

ART. 2386. [2363.]-When the paraphernal property is administered by the husband, or by him and the wife indifferently, the fruits of this property, whether natural, civil, or the result of labor, belong to the conjugal partnership, if there exist a community of gains. If there do not, each party enjoys, as he chooses, that which comes to his hand; but the fruits and revenues which are existing at the dissolution of the marriage, belong to the owner of the thing which produced them.

(Am'd.) 16 L. 1; 19 L. 574; 10 R. 46; 5 A. 629; 6 A. 634; 14 A. 68; 16 A. 290, 414; 17 A. 201, 224; 18 A. 105, 588; 21 A. 343, 344, 345; 23 A. 296. Acts 1871, No. 87.

ART. 2387. [2364.]—The wife who has left to her husband the administration of her paraphernal property, may afterwards withdraw it from him.

C. C. 2391 (2368); 8 N. S. 229; 16 L. 5; 9 A. 260; 17 A. 204, 224; 21 A. 301. ART. 2388. [2365.]-The husband, who administers the paraphernal property of his wife, notwithstanding her formal opposition, is accountable to her for all the fruits, as well those existing as those which have been consumed.

C. N. 1580; 9 A. 345.

ART. 2389. [2366.]-If all the property of the wife be para

him as

101:

phernal, and she have reserved to herself the administration of it, she ought to bear a proportion of the marriage charges, equal, if need be, to one-half her income.

C C. 119 (121), 2361 (2341), 2389 (2366), 2395 (2397), 2397 (2411), 2398 (2412), 2435 (2409); C. N. 1575; 19 L. 58, 579; 10 A. 554; 14 A. 281.

ART. 2390. [2367.]-The wife may alienate her paraphernal property with the authorization of her husband, or in case of refusal or absence of the husband, with the authorization of the judge; but should it be proved that the husband has received the amount of the paraphernal property thus alienated by his wife, or otherwise disposed of the same for his individual interest, the wife shall have a legal mortgage on all the property of her husband for the reimbursing of the same.

The husband may release the mass of his property from this legal mortgage, by executing a special mortgage in the manner required in the preceding section, for dotal effects.

(Am'd.) C. C. 2390 (2367), 2394 (2396), 3215 (3182), 3319 (2287); C. N. 1576; 6 L. 22; 11 L. 559; 12 L. 72; 17 L. 296; 19 L. 406; 4 R. 114, 171; 6 R. 36, 154; 10 R. 74, 154; 2 A. 774, 789; 4 A. 411, 465, 569; 5 A. 37, 585, 688; 12 A. 89, 483;. 13 A. 379; 14 A. 1, 726; 16 A. 209, 212, 271, 274; 17 A. 224; 20 A. 79, 174, 206, 301; 21 A. 53, 54, 247, 667.

ART. 2391. [2368.]-The wife has, even during marriage, a right of action against her husband for the restitution of her paraphernal effects and their fruits as above expressed.

C. C. 2387 (2364); 8 N. S. 229; 7 L. 296; 10 L. 136, 139; 16 L. 1; 17 L. 300; 19 L. 558; 2 A. 440; 9 A. 283; 17 A. 204.

SECTION 4.

Of the Clause of Separation of Property.

ART. 2392. [2394.]-Married persons may stipulate that there shall be no partnership between them.

C. C. 2332 (2312); C.-N. 1536; 3 A. 462.

ART. 2393. [2395.]-In this case, the wife preserves the entire administration of her movable and immovable property, and the free enjoyment of her revenues.

ART. 2394. [2396.]-She may alienate her movable and immovable property, in the manner and in the cases above provided for with respect to paraphernal property.

(Am'd.) C. C. 379 (367).

ART. 2395. [2397.]-Each of the married persons separate in property, contributes to the expenses of the marriage in the manner agreed on by their contract; if there be no agreement on the subject, the wife contributes to the amount of one-half of her income.

C. C. 119 (121), 2361 (2341), 2389 (2366), 2397 (2411), 2398 (2412), 2435 (2409); C. N. 1537, 1538.

ART. 2396. [2398.]-When the wife, who is separate in property, has left the enjoyment of her property to her husband without any procuration, he is not answerable for the fruits, until a demand of them be made by his wife, or if it is not made, until the dissolution of the marriage. He is not accountable for the fruits which have been previously consumed.

(Am'd.) C. N. 1539.

SECTION 5.

Of the Wife's Incapacity to Alienate her Immovables or to Bind herself for her Husband.

ART. 2397. [2411.]-The wife, whether separated in property by contract or judgment, or not separated, can not, except by and with the authorization of the husband, and in default of the husband, with that of the judge, alienate her immovable effects of whatever nature they may be, except in cases where the alienation of the dotal immovable is permitted.

(Am'd.) C. C. 119, (121), 122 (124), 123 (125), 126, 1316 (1239), 2398 (2412), 2435 (2409); C. N. 217; 2 L. 268; 8 R. 457; 2 A. 771; 10 A. 433; 16 A. 339. ART. 2398. [2412.]-The wife, whether separated in property by contract or by judgment, or not separated, can not bind herself for her husband, nor conjointly with him, for debts contracted by him before or during the marriage.

C. C. 119 (121), 125 (127), 127, 128, 1786 (1779), 1790 (1784), 2287 (2266) 2357, (2337), 2361 (2341), 2389 (2366), 2395 (2397), 2397 (2411), 2435 (2409), 2446 (2421); 7 N. S. 251; 9 L. 585; 10 L. 146; 11 L. 136; 12 L. 555; 1 R. 212; 8 R. 181; 10 R. 68; 12 R. 82, 578; 1 A. 49, 301, 428, 444; 2 A. 3, 372, 579, 873; 3 A. 417, 428, 653; 5 A. 173, 187, 572; 6 A. 455; 9 A. 269; 10 A. 308, 433; 11 A. 117; 12 A. 663, 725, 778, 852; 13 A. 6, 546; 14 A. 15, 169, 419, 421; 15 A. 352, 383, 621, 628; 16 A. 309, 310; 19 A. 249; 21 A. 283; 22 A 386; 24 A. 142, 273.

CHAPTER 3.

Of the Community or Partnership of Acquets or Gains.

SECTION 1.

Of Legal Partnership.

ART. 2399. [2369.]-Every marriage contracted in this State, superinduces of right partnership or community of acquets or gains, if there be no stipulation to the contrary.

C. C. 2366 (2345); 2 L. 269; 6 A. 57, 257, 327; 10 A. 440, 449; 15 A. 307, 350; 16 A. 167; 18 A. 27, 407; 19 A. 112, 249; 20 A. 40. Acts 1852, p. 200.

ART. 2400. All property acquired in this State by non-resident married persons, whether the title thereto be in the name

of either the husband or wife, or in their joint names, shall be subject to the same provisions of law which regulate the community of acquets and gains between citizens of this State.

(New Article.) D. Sec. 627, 1709, 3706. Acts 1852, p. 200.

ART. 2401. [2370.]—A marriage, contracted out of this State, between persons who afterwards come here to live, is also subjected to community of acquets, with respect to such property as is acquired after their arrival.

5 N. S. 571; 7 N. S. 41; 4 L. 188; 9 L. 457; 6 A. 256, 327, 436; 7 A. 395; 10 A. 449; 15 A. 349, 350.

ART. 2402. [2371.]-This partnership or community consists of the profits of all the effects of which the husband has the administration and enjoyment, either of right or in fact, of the produce of the reciprocal industry and labor of both husband and wife, and of the estates which they may acquire during the marriage, either by donations made jointly to them both, or by purchase, or in any other similar way, even although the purchase be only in the name of one of the two and not of both, because in that case the period of time when the purchase is made is alone attended to, and not the person who made the purchase.

C. C. 2405 (2374); 4 N. S. 212; 1 L. 201, 522; 3 L. 231; 10 L. 146, 148, 172, 181; 12 L. 172; 16 L. 1, 5; 17 L. 238, 294; 19 L. 406; 1 R. 431; 3 R. 328; 10 R. 18; 11; R. 445, 526; 12 R. 578; 2 A. 30, 762, 930; 5 A 611, 629; 6 A. 56, 634; 9 A. 5, 347; 10 A. 30; 11 A. 297; 12 A. 350, 449, 598; 13 A. 593; 14 A. 61, 68, 95, 618; 15 A. 119, 558, 588, 590, 668; 16 A. 167, 209, 212; 18 A. 27, 105, 126, 583; 19 A. 112, 249; 20 A. 40, 206, 234, 531; 21 A. 343, 344; 23 A. 198, 372; 24 A. 295, 327, 521.

ART. 2403. [2372.]-In the same manner, the debts contracted during the marriage enter into the partnership or community of gains, and must be acquitted out of the common fund, whilst the debts of both husband and wife, anterior to the marriage, must be acquitted out of their own personal and individual effects.

9 A. 5, 347; 10 A. 30; 12 A. 550, 663; 13 A. 379, 396; 14 A. 734; 16 A 445; 20 A. 531; 21 A. 525; 22 A. 513; 24 A. 327.

ART. 2404. [2373.]—The husband is the head and master of the partnership or community of gains; he administers its effects, disposes of the revenues which they produce, and may alienate them by an onerous title, without the consent and permission of his wife.

He can make no conveyance inter vivos, by a gratuitous title, of the immovables of the community, nor of the whole, or of a quota of the movables unless it be for the establishment of the children of the marriage.

Nevertheless he may dispose of the movable effects by a gratuitous and particular title, to the benefit of all persons.

But if it should be proved that the husband has sold the common property, or otherwise disposed of the same by fraud, to