Parts 159-181 however system of your own Civil Code give the laws antedating this amendment
PATHFINDER: Assets Rights
If you’re studying an article on community property into the The new Mexico, you see a commentary into a court decision you to definitely passions you. An effective footnote gives the courtroom ticket given that McDonald v. Senn mais aussi al., 53 Letter.2d 990 (1949). 19 Legislation Collection away from Congress have one another journalists, This new Mexico Profile (Letter.Meters.) together with Pacific Journalist, Next Show (P.2d), however you go for the latest Pacific Journalist, a nearby journalist. As you begin discovering the choice, you see your The fresh new Mexico area property legislation continuez Г lire ceci is used in keeping legislation inside 1876; brand new law was enacted later on. The fresh law is predicated on California legislation, that has been modeled towards civil law of The country of spain and you may Mexico.
You’re looking for thinking about both the basic laws to your community property inside the California and many judicial decisions interpreting the individuals regulations. You can either (1) discover instance citations away from Ca listed in the latest McDonald choice, otherwise (2) select the legal citations regarding California listed in the choice. The most expedient approach is to use the fresh new legal citations.
Meters. 198, 204 P
The brand new California legal solution getting neighborhood assets, written in the brand new dissent, are “Part 161a of your own Ca Civil Code, . . . followed within the 1927.” 20 Initiate your quest to your earliest legislation with this particular admission with the laws becoming interpreted here. Regarding the Municipal Code of Condition away from California . . . 1927, part 161a of appendix are a modification to a young laws. Because this model of your Civil Code is actually annotated, you see a short history of one’s statutes here. After the point 159, “Husband and wife. Property connections,” your realize:
“Laws §159. 1. Passed March 21, 1872; predicated on Statistics. 1850, p. 254, §§ 14, fifteen, twenty-two, 23; Field’s Draft, N. Y. Civ. Password, § 80. 2. Revised by the Code Amdts. 1873-74, p. 193, keeping ‘for the writing’ once ‘get consent.’” 21
To adhere to the brand new tracings, earliest demand new Municipal Password of the State out of California, 1872. Point 164 of one’s password states: “Any other assets received immediately after relationships, by the often husband or wife, otherwise both, is people assets.” twenty two The fresh new notes on the annotations imply that the first talk about regarding community property occurs in the new California Constitution, 1849, Article XI. Sec. 14. All round Rules of your own Condition off California, off 1850 to help you 1864, Inclusive prices the fresh section:
§3564. Sec. 2. Most of the possessions acquired after the relationships because of the sometimes wife or husband, except particularly may be obtained by provide, bequest, create, otherwise descent, can be well-known property.” 23
“All of the Possessions, each other actual and private, of the wife, possessed or advertised from the her in advance of matrimony, which acquired afterwards by gift, devise, otherwise descent, are their independent property; and rules is passed far more obviously identifying this new legal rights out-of the latest spouse, into the family members also in order to their unique independent assets, on you to definitely stored in keeping with her husband.” 24
Together with interesting is actually a mention of a beneficial treatise titled Civil Laws from The country of spain and you can Mexico, a translation of the civil-law away from The country of spain published from inside the 1851, regarding the conversation away from McDonald v. Senn. Part 4 of treatise, Rights and you will obligations out of Wife and husband when it comes to the fresh new possessions acquired while in the relationship, Point step one, Community of goods, states:
“Ways. 43. Regulations understands a partnership within husband and wife as on the possessions acquired during relationships, and you may which is present until explicitly renounced, in the way recommended for the Part step 3.” twenty-five
Courtroom decisions are in the brand new cards considering about annotated rules or with the condition digests. In cases like this, the newest Municipal Password of the Condition from California try annotated and will bring a great amount of citations in order to additional sources: