The community of acquests in the light of recent amendments

Abstract

Act XLVI of 1973, can be described as one of the first steps taken by our Legislator in granting to the wife a new status vis-a-vis the husband, and a new role within the family. The Hon. Dr. Anton Buttigieg, B.A., LL.D., the then Minister for Justice, indicated this clear intention on the part of the Legislator when he said in Parliament: "L-ghanijiet huma illi nneħħu l-inkapacitajiet tan-nisa u naghmluhom legalment kapaci daqs l-irgiel u li ma nassoggettawhiex izjed li meta taghmel l-attijiet civili tkun assistitha jew minn missierha, per ezempju, f'kaz ta' donazzjoni, jew inkella minn zewgha." (Parlimanetary Debates Sitting No. 221of1973). It is difficult to assess the repercussions of such an extensive reform touching the legal capacity of the wife, a reform that signifies the "coming of age" of the wife. In this thesis, it is intended to analyse those repercussions which have had their effect on that institute of family Law. which regulates the patrimonial relations of the spouses: The Community of Acquests.