ABSTRACT

Divorce is both a harsh and a false law, because it not only allows the husband the faculty of repudiating his wife, but also grants it to the wife against her husband. Domestic society is not a commercial association, which the partners enter with equal stakes and can leave with equal results. It is a society to which the man brings the protection of strength, the woman, and the needs of weakness. Divorce, which may in some cases favor the perpetuity of a family, is contrary to the conservation of the human species. The Civil Code allows the dissolution of marriage by mutual consent of the spouses. The same orator maintains that the men in England who were the most indulgent toward divorce were also the most extreme partisans of French demagogy. The Civil Code forbids a woman divorced on the ground of adultery to remarry her accomplice.