Legal Definitions - jus administrationes

Jus Administrationes

Jus administrationes is a Latin term used in Scots law to describe the outdated right that a husband had to control his wife's heritable property without any restrictions.

For instance, if a woman owned a piece of land or a house, her husband had the power to sell or mortgage it without her consent. He could also use the property as collateral for a loan or give it away as a gift. The wife had no say in the matter, and her property rights were entirely at the mercy of her husband.

Another example of jus administrationes is that a husband could dispose of his wife's moveable property, such as jewelry, furniture, or livestock, as he saw fit. He could sell it, give it away, or destroy it without her permission.

The examples illustrate how jus administrationes gave husbands complete control over their wives' property, both real and personal. This legal doctrine was based on the assumption that a married woman had no separate legal identity from her husband and that he was the head of the household. It was a patriarchal system that denied women the right to own, manage, or dispose of their own property. Today, this concept is considered archaic and discriminatory, and it has been abolished in most jurisdictions.