Britannica
Sources used in this answer
How have equal-treatment principles changed family law in civil-law systems?
Created from Britannica articles
using AI.
AI can make mistakes, so verify using Britannica articles.
Civil law
Justinian I, detail of a 6th-century mosaic at the Church of San Vitale, Ravenna, Italy.
In civil-law systems, the principle of equal treatment has fundamentally transformed family law by dismantling historical structures that subordinated women to their husbands. Historically, many civil-law codes were influenced by the paterfamilias tradition, which granted the husband extensive authority over his wife’s legal capacity and property.1
Key changes driven by equality principles include:
- Legal Capacity: Statutes throughout the 20th century removed the requirement for a husband's consent for a wife to manage property, enter contracts, or engage in business, granting women full legal capacity.1
- Joint Decision-Making: Legal language designating the husband as the "head of the family" has been replaced by principles of joint decision-making power between spouses.1
- Marital Property Reform: Systems have shifted away from husband-dominated management toward equal sharing. For example, Germany replaced a system of husband-managed estates with one of separate management and equal sharing of acquisitions made during marriage. Similarly, France moved to a system of equal comanagement of common property.21
- Parental Rights: Care for the person and property of children is now typically vested in both spouses equally.2
These reforms reflect a shift toward viewing marriage as a partnership of equals rather than a hierarchical institution.31