Page 70 - The Circle of Life
P. 70
This is only logical for it was given without reserve and would defeat its purpose
if it reverts back to the giver at some stage. Just does not make sense.
Morning gifts & Morganatic Marriages
This is a culture thing and not the law here and thus more interesting. In some
European countries it is the accepted way to give gifts on the first morning to
each other but it is just a tradition and not enforceable by law. In fact as we
saw, Roman law prohibited the man from buying his wife's affections. There is
no such thing in South African and most African jurisdictions as we don't have
royalty around and the ones who claim to be are not taken seriously.
In addition even if they are around we don't give a (you know what) if you saw
Gone with the Wind about their titles. It is simply unimportant in a democratic
Republic though our traditional leaders are treated with a lot of respect.
However, they are not royalty as in the European sense of the word. They never
make the tabloids for a sincere lack of interest in them.
In Germanic law the "morning gift" came into being which the wife may or may
not be able to dispose of as she pleases depending on the exact arrangement
between her and the giver. She might lose it if she re-marries which is
something we find in pension pay-outs too and is inherently wrong. What does it
matter if she marries again or not I ask? The pension should be paid regardless.
I am sure someone clever will sort this out in equality courts one day. A pension
is earned. Is not a gift!
A female colleague of mine said the morning gift smacks of prostitution to her
since the gift is made after the first night together but historically this was to
take care of the children. You must keep in mind that though the children were
considered legitimate but they could not inherit their fathers' titles and property.
This is unfair and no doubt they were treated unjustly (differently) from the rest.
Hence today this type of marriage or rather the consequences as set out above
is not legally enforced which is good. These days the children will be treated as
any other kids on the laws of succession.
The point is that the morning gift came into being to provide for them and the
wife. The law is always neutral (well it should be) and try to be fair to all
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