270
*Furthermore, the system of compulsory portions provided in the code will amply guard against the practice of exclusion of daughters from inheritance through exheredation by will.
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While the system of the "house" is preserved, the duty of the head is limited to the maintenance of those members who have no means of livelihood and who are incapable of earning a living. The parasitism" to which we have alluded is thus restricted within the normal limits of the duty of maintance sanctioned by most Western legislations. At the same time, the persons, towards whom the head has now less obligations, are correspondingly freed of the authority which he had exer- cise over them.
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Betrothal and marriage are no longer agreements to units families, but contracts entered into by the parties themselves of their own accord (Art. 972, 997). sole restrictions imposed upon the future spouses are age (Art. 973 and 980) and consent of their statutory agents (Art. 981) when they marry before attaining majority. The paternal power, formerly very extensive is now reduced to reason- able proportions. The expression paternal power" itself disappears in the new wording of the Code which refers only to the " right and duty of the parents to protect, educate and maintain their children ". (Art. 1084).
The enfranchisement of the woman, who is now placed on the same footing as the man, involves the disappearance of concubindage and calls for equality with man in the matter of conjugal fidelity. Illegitimate relation of one of the spouses, with a third person, gives to the other spouse the right to apply for a judicial divorce (Art. 1052).
To prevent innocent creatures from bearing the consequences of the weakness of human nature, very liberal provisions have been adopted on the subject of natural -filiation. As regards the woman, issues which she may have even out of wedlock are, by the very fact of their birth, held as her legitimate descendants (Art. 1065). On the side of the man, children born out of wedlock are deemed legitimate as soon as he marries their mother (Art. 1064), or expressly recognizes them, or simply maintains them during their childhood (Art. 1065). An action by the mother for recognition of paternity by the natural father is admitted (Art. 1067).
So long as the woman had in the family only a subordinate position, with no right to inherit property, she would bring to the matrimonial union no other property than her marriage outfit and sometimes a small dowry. Now that she has the right to inherit she may have her own property and it is found necessary to have a matri- monial regime which would protect her interests. After reviewing the outstand- ing--legislations on the subject, the Political Council has selected the Swiss system as most suitable for China. In this system, the union of property is the statutory regime of the spouses who have made no contract for the holding of property. In making a marriage contract, they have the choice between a community of property regime, a unity of property regime, and the separation of property regime (Arts. 1004-1005). In the statutory regime, the community regime and the unity of pro- perty regime the wife keeps as her separate property, subject to her exclusive management, the articles which are intended for her personal use, or which are essential for her occupation, the remunerations which she requires by her labour, and the gifts which the donor has given her to be kept separate (Art. 1013).