CHARISA v. COUDERT

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

CHARISA v. COUDERT

Charisa V. Coudert

1914 Present: Ennis J. and De Sampayo A.J.

CHARISA v. COUDERT.

136-D. C. Negombo, 9,498.

Gift by one spouse to another-Parties married in community before 1878-Ordinance No. 15 of 1876, s. 13-Prescription-" Acknowledgment of a right existing in another "-Acknowledgment must be of the right of a party to the action or of his predecessor in title.

A spouse married before the coming into operation of Ordinance No. 15 of 1876 may by virtue of section 13 of the Ordinance, notwithstanding the existence of any community of goods between the spouses, make a gift of property in favour of the other spouse. The property so gifted becomes separate property of the donee, subject only to the debts and engagements of the donor.

De Sampayo A.J.-Under the Roman-Dutch law a gift by one spouse to the other is not absolutely void.

THE facts appear from the judgment.

A. St. V. Jayewardene, for appellant.

Bawa, K.C. (with him Samarawickreme), for respondent.

Cur. adv. vult.

July 17, 1914. Ennis J.-

The land sought to be partitioned in this action originally belonged to Amanduwa and Subi, who were married in community of property before the passing of the Ordinan

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