Studies in American Elementary Law

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Legal Identity.
In the first edition of the text the term merger was used to indicate the doctrine now under consideration. That term has a well established legal meaning. The doctrine being dealt with is only one of a number of applications of this meaning and hence the phrase legal identity seems preferable in this con- nection.
Legal identity is, therefore, used to indicate the Common Law doctrine that the legal existence of the woman passes into that of the husband upon marriage. The old Co
...mmon Law doctrine is fairly well expressed in the statement that upon marriage the man and the woman became one and that one is the man.
This doctrine has been very much modified in later years but some of its legal results remain in the present law. Except as modified by statute, in Common Law countries upon marriage all the property rights of the woman, speaking generally, that is, the title to her personalty and the beneficial use of her realty vest in the husband and he is made responsible for all of the wife's antenuptial debts.


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