Report No. 110
Marriage (Sections 20 to 22)
6.1. Scope of the Chapter and rule at common law.-
The Succession Act, though concerned mostly with succession on death, also contains a few provisions dealing with "succession" to property on marriage. The effect of marriage on proprietary rights is dealt with in three sections-sections 20, 21 and 22. For a proper appreciation of their significance, it is necessary to have a look at the common law.
At common law, apart from death, there was one other event in the life of a human being which could affect proprietary rights, namely, marriage. Marriage affected the legal capacity or proprietary rights of women in several respects, by virtue of rules of the common law that touched subjects so diverse as torts, contracts, property, bankruptcy and even the criminal law.