The 'alla Maltese' marriage regime and its implications on women's property rights during the mid-sixteenth century

Abstract

The institution of marriage, being the union of two persons, in our case a man and a woman, necessarily gives rise to questions relating to the patrimonial interests of the spouses. The latter follow a matrimonial regime that lays down the rules for their economic relationship, concerning in particular any assets that they bring with them into the marriage and those acquired during their life together. The scope behind this regime is to provide a basic undertaking which guarantees mutual acceptance of property rights. It also provides a form of protection for any unforeseeable future action which might determine the fate of these assets when this union comes to an end, either by death of one of the spouses, annulment or separation. Throughout the ages, the systems regulating patrimonial interests have gone through various developments and evolutions bringing about different views and progressive concepts on marriage and the respective rights of husband and wife.