5. Although the wife acquires an equal interest in the acquisitions made during the marriage, yet she can exercise no control in the administration or disposition of the common property. The husband is the head and master of the community ; he ad ministers its effects, disposes of the revenues which they produce, and may alienate tbem by an onerous title, without the consent and permission of his wife. La. Civ. Code, art. 2373. But "he can make no con aeyanca inter visee,by a gratuitous title, of the im movables of the community, nor of the whole or of a quota of the movables, unless it be for the esta blishment of the children of the marriage." On the dissolution of the marriage, the wife (or her heirs) may renounce the community, and thereby exone rate herself from its debts ; but if she accepts, she is entitled to one-half of the property and becomes liable for one-half of the debts. The community is composed, 1, "of all of the revenues of the separate property of the husband ; 2, of the revenues of the separate property of the wife, when she permits her husband to administer it ; 3, of the produce of their reciprocal industry and labor ; and, 4, of all pro perty acquired by donations made jointly to the husband and wife, or by purchase, whether made in the name of the husband or wife." But donations Made to them separately are the separate property of the donee. By the marriage cootract, the com munity may be modified or entirely excluded ; in the latter case the parties hold their property and its revenues as separate and distinct as if they were strangers ; and both are hound to contribute to the expense of the marriage, etc. The separate property of the wife is aubdivided into dotal and extra-dotal, or paraphernal. There can be no dotal property without a marriage contract; dotal property is in alienable, or extra commercium, during the marriage, except in a few enumerated cases. The wife may sell her paraphernal property, with the consent of her husband; and in case the husband receives the proceeds of armh sales, the wife has a tacit or legal mortgage on all the immovable property of the hus band, to swore the payment of the money which has thus come into his hands.
6. Although the wife does not lose her distinct and separate legal existence, nor her property, by her marriage, yet she becomes subject to the mari tal authority : hence in the exercise of her legal rights she requires the authorization or consent of the husband; she, therefore, cannot appear in a court of justice, either as plaintiff or defendant, without the authority of her husband; nor can she make contracts ualess authorized by him ; but under certain circumstances she may be authnrized to sue or enter into contracts by a competent court, in opposition to the will of the husband.
One of the most important rules for the protection of the wife is that " she e innet, whether separated in property by contract or by judgment, or not separated, bind herself for her husband, nor con jointly with him, for debts contracted by him be fore nr during the marriage." The Solidus Consul Mill, Vernet/III/0Z is the original fountain of the legis lation of Louisiana on this subject, and it applied to all contracts and engagements whatever ; and her courts have always held that, no matter in what form a transaction might be attempted to be dis guised, the wife is not bound by any promise or engagement made jointly and severally with her husband, unless the creditor can show that the con sideration of the contract was for her separate advantage, and not something which the husband was bound to furnish her. 9 La. 603 ; 7 Mart. La. N. s. 66.
All contracts entered into during the marriage mast be considered as made by the husband and for his advantage, whether made in his own name or in the names of both husband and wife. This presumption can only be destroyed by positive proof that the consideration of the contract inured to the separate advantage of the wife. The ac knowledgment made by the wife in the instrument itself cannot avail the creditor. 5 La. Aim. 586. But see 6 How. 228.