Relevant bibliographies by topics / Marital property (Byzantine law)

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Marital property (Byzantine law)'

Author: Grafiati
Published: 4 June 2021
Last updated: 14 February 2022

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Journal articles on the topic "Marital property (Byzantine law)"

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Grechenko, V. A. "Research of Civil and Legal Relations of Kievan Rus Period Made by Professor P. P. Tsitovich (1843-1913)." Bulletin of Kharkiv National University of Internal Affairs 81, no. 2 (December 13, 2018): 46–54. http://dx.doi.org/10.32631/v.2018.2.04.

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The subject matter of the research is the creative work of the professor of Kharkiv, Kyiv, Odesa and St. Petersburg Universities P. P. Tsitovich related to some aspects of the law of Kievan Rus. The novelty of the work is the fact that this problem in the historical and legal literature has not been studied yet. For the first time, the author of the article has studied the main aspects of scientific research accomplished by professor P. P. Tsitovich in the field of civil law of the period of the Old Russian State. The author of this research has used historical, formal and logical methods. It has been discovered that the first sources were Russo-Byzantine treaties of the X century, which were the beginning of his research; the author of the article has accomplished a comparative analysis of his points of view on these issues as well as the opinions of his contemporaries – scholars from other Universities; has analyzed his thoughts about testamentary heritage in the Ancient Russia era. It has been also established that P. P. Tsitovich concluded that the treaties between Rus and Byzantine Empire of the X century are irrelevant for the history of Russian succession law both in nature and through the confusion of the resolutions contained there. He believed that they did not determine the system and procedure of inheritance. This point of view did not coincide with the opinion of most law historians of that time. P. Tsitovich also expressed his opinion about the general characteristics of the property relations of the Kievan Rus era. He believed that the land itself did not have any value in that era and it was only received as a household. P. Tsitovich also expressed his opinion that the equal relations between men and women in the family are possible, in case if a woman was not stolen and was not purchased, but voluntary got married like in the equal to equal relationships. The scholar’s work put forward two dogmas related to inheritance: 1) heirs – are children in general, but the preference is given to men over women; 2) unmarried women have the right to a part of the inheritance if there are brothers. The works of P. P. Tsitovich in the sphere of succession law and marital relations of the Kievan Rus era have a certain significance at the present time.
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Clark, Simon. "Law, Property, and Marital Dissolution." Economic Journal 109, no. 454 (March 1, 1999): 41–54. http://dx.doi.org/10.1111/1468-0297.00415.

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Symeonides, Symeon. "Louisiana's Draft on Successions and Marital Property." American Journal of Comparative Law 35, no. 2 (1987): 259. http://dx.doi.org/10.2307/840390.

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Stalls, Clay. "“Sharp Practice”." California History 92, no. 4 (2015): 24–47. http://dx.doi.org/10.1525/ch.2015.92.4.24.

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The Centinela Land Company of Daniel Freeman and Francis Pliny Fisk Temple and other prominent Los Angeles businessmen demonstrates the practices and philosophy of land speculation that fueled the city's growth during the Gilded Age. Furthermore, the company's history also demonstrates the close ties between these businessmen and their shared, frequently byzantine, business ethos. The Centinela venture also yields unexpected insights into marital property holding and women's property rights in nineteenth-century Los Angeles.
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Kisil, V., and A. Pashynskyi. "CONFLICT OF LAW RULES ON MARITAL PROPERTY RELATIONS IN UKRAINE: THEORY AND PRACTICE." Actual Problems of International Relations, no. 137 (2018): 48–57. http://dx.doi.org/10.17721/apmv.2018.137.0.48-57.

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This article is about the theoretical and practical aspects of conflict of law regulation of marital property relations under the Law of Ukraine “On Private International Law”. Inter alia, the paper deals with the possibility of the choice of law applicable to prenuptial contracts and marital property relations as well as the conflict of law rules applicable to property consequences of marriage in the event of absence of the choice of law. The author analyses the limitations to applying the principle of autonomy of will in marital property relations, the correlation between legal concepts of “marital property relations” and “legal consequences of marriage” and the possible forms of performing lex voluntatis. With a view to protecting the interests of the child and the weaker party in a marriage, the author proposes amendments to para 1 of Art. 61 of the Law, pursuant to which the law chosen by the parties must not impair the standing of the child or one of the spouses as compared to the law to be applied to property consequences of marriage in the event of absence of a choice of law. The paper also focuses on the overview of relevant Ukrainian court practice regarding the application of the Law during proceedings on marital property relations with a foreign element.
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Sanders, Anne. "PRIVATE AUTONOMY AND MARITAL PROPERTY AGREEMENTS." International and Comparative Law Quarterly 59, no. 3 (July 2010): 571–603. http://dx.doi.org/10.1017/s0020589310000230.

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AbstractAfter the Court of Appeal decision in Radmacher v Granatino, the question whether English law should introduce enforceable pre-nuptial or marital property agreements came into focus again. Taking the decision as a starting point, the article argues in favour of introducing such agreements. Adopting a comparative approach, the article explains how such agreements are used in Germany and demonstrates that the idea of private autonomy, which has been regarded as the basis of pre-nuptial property agreements in Germany since the 19th century, can explain why couples should be allowed to make their own decisions with respect to the financial consequences of the breakdown of their relationship. Analysis of the different notions of contract in German and English law as well as comparing marriage with partnerships and other long-term contractual relationships illustrates not only the historical reasons why such agreements have not been allowed so far, but also helps to understand what safeguards the legislator and the judiciary could apply to ensure that parties do not abuse their freedom.
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Krešić, Boris, and Ervina Halilović. "PROPERTY RELATIONS OF MARITAL PARTNERS THROUGH THE HISTORY OF BOSNIA AND HERZEGOVINA." Journal Human Research in Rehabilitation 7, no. 2 (September 2017): 106–17. http://dx.doi.org/10.21554/hrr.091712.

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The institutes of contemporary family law are rooted in Roman law, including the property relations of marital partners. From the historical perspective, the property-legal relations of marital partners in Bosnia and Herzegovina (BiH) were subject to religious regulations and the rules of the General Civil Code and Family Law of the Socialist Republic of Bosnia and Herzegovina. The article analyzes the solutions applied during the Roman, the Ottoman, and the AustroHungarian rule as well as the solutions included in the currently valid Basic Law on Marriage and Family Laws in BiH. The authors focus on the development of family law in terms of property relations of marital partners and provide historical-legal overview of the development of family law from the absolute power of pater familias to the full equality of marital partners.
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Mutiso, Benedeta. "Getting to Equal: Resolving the Judicial Impasse on the Weight of Non-Monetary Contribution in Kenya's Marital Asset Division." Michigan Journal of Gender & Law, no. 26.1 (2019): 121. http://dx.doi.org/10.36641/mjgl.26.1.getting.

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Marital property law reforms and changing international human rights standards in the late 20th and early 21st century prompted Kenya to end certain discriminatory practices against women, especially in the area of property rights. For 50 years, Kenya relied on England’s century-old law, the Married Women’s Property Act of 1882, to regulate property rights. In 2010, Kenya adopted a new Constitution that called for equality between men and women, and in 2013, Kenya enacted independent legislation in the form of the Matrimonial Property Act (MPA). The MPA provides a basis for trial courts to divide marital property upon divorce. Specifically, it provides that monetary contribution and non-monetary contribution are the only factors for dividing marital property on divorce. The Kenyan courts have issued contradictory decisions on the weight of nonmonetary contribution in long-term and short-term marriages. Without guidance on the weight of non-monetary contribution during divorce proceedings, the courts have left potential litigants, especially women, to navigate the unsettled waters of marital disputes in the legal system. Kenya’s Parliament should take steps to clarify the legislation, develop regulations on the weight of non-monetary contribution, and provide statutory factors for consideration during division of marital property. This will ensure that courts meet the overriding objective of achieving a fair outcome in marital property disputes. Because of the constitutional guarantee of equality, the courts must begin analysis of property division by assuming each spouse is entitled to half of the marital property.
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Papademetriou, Theresa. "Marriage and Marital Property under the New Greek Family Law." International Journal of Legal Information 13, no. 3-4 (August 1985): 1–40. http://dx.doi.org/10.1017/s0731126500018709.

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The movement for a civil law reform in Greece that was initiated in 1975 with the constitutional guarantee of equal rights and obligations of the sexes led to the adoption of Law 1329/1983 on the Application of the Constitutional Principle of Equality of the Sexes in the Civil Code and Its Introductory Law, in Commercial Legislation, and in the Code of Civil Procedure, as well as to Partial Modernization of Certain Provisions of the Civil Code Regarding Family Law.
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Linh, NGUYỄN THỊ MỸ. "Marital Agreements in Vietnam from 1858 until Now." DÍKÉ 5, no. 1 (September 1, 2021): 150–61. http://dx.doi.org/10.15170/dike.2021.05.01.10.

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The institution of prenuptial agreement is a founder of contractual matrimonial property regime. The possibility of concluding a marriage contract contributes to ensuring the equal rights of the spouses, as they are free to agree on their pre-marital property. Recognizing the necessity of the contractual freedom in family law, the 2014 Act on Marriage and Family of Vietnam allows couples to choose between the statutory property regime and the agreed property regime. This article presents the history of the institution of marriage agreement in Vietnam, also with regard to the development of law in European countries.
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Dissertations / Theses on the topic "Marital property (Byzantine law)"

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Parker, Marie. "Marital property agreements, the family and the law : status and contract?" Thesis, Bangor University, 2013. https://research.bangor.ac.uk/portal/en/theses/marital-property-agreements-the-family-and-the-law-status-and-contract(1f72b0bb-ee4f-4d7e-ac85-00f07fa15630).html.

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Johnson, Trudi Dale. "Matrimonial property law in Newfoundland to the end of the nineteenth century." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0005/NQ42478.pdf.

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Stuntz, Jean A. "His, Hers, and Theirs: Domestic Relations and Marital Property Law in Texas to 1850." Thesis, University of North Texas, 2000. https://digital.library.unt.edu/ark:/67531/metadc2495/.

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Texas law regarding the legal status of women and their property rights developed from the mingling of Spanish and English laws. Spanish laws regarding the protection of women's rights developed during the centuries-long Reconquest, when the Spanish Christians slowly took back the Iberian Peninsula from the Moorish conquerors. Women were of special importance to the expansion of Spanish civilization. Later, when Spain conquered and colonized the New World, these rights for women came, too. In the New World, women's rights under Spanish law remained the same as in Spain. Again, the Spanish were spreading their civilization across frontiers and women needed protection. When the Spanish moved into Texas, they brought their laws with them yet again. Archival evidence demonstrates that Spanish laws in early Texas remained essentially unchanged with regard to the status of women. Events in the history of England caused its legal system to develop in a different manner from Spain's. In England, the protection of property was the law's most important goal. With the growth of English common law, husbands gained the right to control their wives's lives in that married women lost all legal identity. When the English legal system crossed the Atlantic and took root in the United States, little changed, especially in the southern states, when migrants from there entered Texas. When these Anglo-American colonists came into contact with Spanish/Mexican laws, they tended to prefer the legal system they knew best. Accordingly, with the creation of the Republic of Texas, and later the state of Texas, most laws derived from English common law. From Spanish laws, legislators adopted only those that dealt with the protection of women, developed on the Spanish frontier, because they were so much more suitable to life in Texas. Later lawmakers and judges used these same laws to protect the family's property from creditors, as well as to advance the legal status of women in Texas.
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Schulze-Ueding, Burkhard. "Zuwendungen von Ehegatten und Dritten im Verhältnis zum gesetzlichen Güterstand /." Münster [u.a.] : Lit, 2002. http://www.gbv.de/dms/sbb-berlin/345481046.pdf.

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Williams, Christian Brant. "WOMEN’S MARITAL PROPERTY IN SHAKESPEARE’S ALL’S WELL THAT ENDS WELL AND MEASURE FOR MEASURE." Miami University / OhioLINK, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=miami1503584564034864.

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Cahill, Erin Elizabeth. "Outlaws and their mortgages an analysis of the Property (Relationships) Act 1984 (NSW) /." Access electronically, 2005. http://ro.uow.edu.au/theses/280.

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Vega, Mere Yuri. "On the convenience of admitting and regulating premarital and marital agreements." THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/108122.

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Nothing much has changed in the Law of Family in Peru. The main doctrine argues that it is not possible to make agreements between spouses on non-economic aspects of their relationships or their duties with their children, even when they could make decisionsin a more convenient way.In the article, the author argues that it is desirable to relax the rules on agreements between spouses or prospective spouses to regulate their rights during marriage or the benefits and obligations of each one in case they end their marriage. In that way, the author alludes to the figures of prenuptial and marital agreements present in American reality.
Poco ha cambiado en el Derecho de Familiaen el Perú. La doctrina mayoritaria sostiene que no es posible realizar acuerdos entre es-posos sobre aspectos no patrimoniales de susrelaciones o de sus deberes ante los hijos, auncuando se podrían adoptar decisiones de unaforma más conveniente.En el artículo, el autor sostiene que es conveniente flexibilizar las normas sobre los acuer- dos entre futuros cónyuges o esposos para regular sus derechos durante el matrimonio o los beneficios y obligaciones de cada uno de ellos en caso concluya la unión matrimonial por cualquier razón. Para ello, hace alusión a las figuras de los acuerdos premaritales y maritales presentes en la realidad estadounidense.
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Hinnemo, Elin. "Inför högsta instans : Samspelet mellan kvinnors handlingsutrymme och rättslig reglering i Justitierevisionen 1760–1860." Doctoral thesis, Uppsala universitet, Historiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-281877.

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The aim of this dissertation is to illuminate the interplay between female agency and legal regulation in Sweden during the period 1760-1860. The material chosen for the study relates to matters concerning women that were brought before the Judiciary Inspection, the highest legal authority in Sweden. From its central position in the state hierarchy, this court was an arena in which the central power could identify and find solutions to problems important for the stability and development of society. The study identifies issues that encouraged women to bring proceedings before the court, or prompted other parties to bring women to court. The dissertation has analysed the actions taken and arguments made in these cases by women, their counterparts, and court representatives, in relation to the regulations or the absence of regulations in each particular situation. This has shown the room for manoeuvre that could be achieved, and how the women could achieve it – in terms of right to manage property, economic agency and debt responsibility, finding ways to support themselves and their families, or affirming their positions as mothers and mistresses of households. In this way, the dissertation illuminates the freedom of agency in practice that has often been seen as contradictory in a strictly patriarchal society like early modern Sweden. The dissertation also traces some important changes over time, including the increasingly diverse class background of litigants over the period in question, shifts in understandings of property, work, family, and the meaning of legal majority. The central diachronic claims are firstly that the legal system shifted over time from one primarily based upon status, circumstance, and local opinion to one based on formalized understanding of the law founded upon contract and clear legal definitions, and that this had important implications for women’s room for manoeuvre in the courts and in society. Secondly, that the negotiation process contributed to historical change by forcing solutions to contradictions and specifying terms of property ownership and legal majority.
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Makola, Thulelo Mmakola. "A comparative legal analysis of the effects of divorce on marital property." Diss., 2018. http://hdl.handle.net/10500/24843.

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The movement of people from county to country brought about an increase in international marriages. However, South African private international law rules with regard to the proprietary consequences of marriage are not on par with their foreign counterparts. The prejudicial rule which governs proprietary consequences of marriage has raised difficulties for our courts in past and recent cases. The advent of a new constitutional dispensation in South Africa forbids discrimination based on sex, gender and marital status. Furthermore, the question is asked whether parties to a marriage with a foreign matrimonial domicile may rely on section 7(3) of the Divorce Act 70 of 1979. The classification of redistribution orders in private international law matters has given rise to uncertainty. The objectives of the study are to suggest workable alternatives to the current connecting factor for proprietary consequences of marriage in South African private international law and to investigate the availability of redistribution orders to spouses applying for divorce in South Africa.
Private Law
LL. M.
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Chen, po-hou, and 陳伯厚. "A Study on the Leagal Regime of the Marital Property in the ROC Family Law." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/26472807334360106064.

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碩士
國立臺灣海洋大學
海洋法律研究所
97
Abstract The matrimonial property regimes shall center on the issues of the treatment or distribution of either the husband’s or wife’s assets when the marriage is flawed or terminated (including the case with the spouse’s death). They concern not only the rights of the married couples but also those of trading counterparts. The existing Family Law specifies both the statutory and contractual property regimes, and theoretically the statutory property regime is “supplementary.” That is, only upon the absence of a contract between spouses or on the condition that the contract is nullified or cancelled shall the statutory property regime be applied. However, most married couples in Taiwan fail to adopt the contractual property regime due to their lack of the legal knowledge, or uncertainty about any changes in their assets during the continuance of their marriage, or concerns for potential impact of drawing up a contract on their marital relationship. Thereby, the statutory property regime prevails and is of greater significance than the contractual regime in Taiwan. It has become the normative basis of the proprietary relationship between spouses during the continuance of their marriage. Accordingly, the statutory property regime is the focus of this research. This thesis is structured as follows. Chapter 1 illustrates the research motive, objective, methodology, and scope. Chapter 2 outlines the history of the statutory property regime by expounding the origin of the matrimonial property regimes, principles of legislation, and differences between the old and new systems. Chapter 3 discusses and assessing the previous statutory property regime by exploring such issues as how to define the scope of joint property, identify joint property ownership, attributing ownership of the property in the wife’s name prior to the amendments, as well as the issues pertaining to management, disposal, use of and profits from joint property and the effects upon termination of relations of joint property. Chapter 4 makes a further inquiry into the existing statutory property regime, focusing on the issues concerning attribution of matrimonial property ownership, management, disposal, use of and profits from matrimonial property, settlement of debts under the matrimonial property regimes, disputes over the provision with regard to an agreed amount of money paid by one at the other’s disposal, the nature of the right of claim for distribution of remaining property, the necessity of its exclusivity to the spouse, as well as protection and exercise of this right. Chapter 5 compares and contrasts the stipulations of Taiwan with those of Germany, Switzerland, the US, and China in the hope of shedding light on their advantages and disadvantages. Chapter 6 examines the existing statutory regime of Taiwan by addressing some problems with identification of pre-marital and marital property, and with application of the provisions concerning the right of claim for distribution of remaining property, and some issues such as whether gifts between spouses should be presumed as the gratuitous acquisition of property stated in Article 1030-1 of the Civil Code, what the scope of the obligator stated in Article 1030-3 is, and the applicability of the provision concerning the right of claim for distribution of remaining property upon the spouse’s death and its resolution. Chapter 7 generalizes a conclusion from the foregoing chapters by proposing suggestions for future amendments, discussing the educational value of related legislation which should keep up with the times and which, with amendments to the untimely stipulations, helps stabilize marital relationships and thereby contributes to the peace and progress of society.
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Books on the topic "Marital property (Byzantine law)"

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Tingley, John. Marital property law. 2nd ed. Deerfield, IL: Clark Boardman Callaghan, 1994.

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Tingley, John. Marital property law. 2nd ed. [St. Paul, Minn.]: Thomson/West, 2006.

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Tingley, John. Marital property law. 2nd ed. [Eagan, MN]: Thomson/West, 2006.

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Christiansen, Keith A. Marital property law in Wisconsin. 4th ed. Madison, WI: State Bar of Wisconsin CLE Books, 2010.

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Namibia. Law Reform and Development Commission. Report on marital property. Windhoek, Namibia: Republic of Namibia, Law Reform and Development Commission, 2010.

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Leopold, Aloysius A. Marital property and homesteads. St. Paul, Minn: West Pub. Co., 1993.

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Jamaica. Family Law Committee. The Family Law Committee report on matrimonial property law reform. Kingston: Jamaica Information Service, 1990.

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Israel. Spouses (property relations) law, 5733-1973. [Haifa]: Aryeh Greenfield, A.G. Publications, 1997.

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Hovius, Berend. The law of family property. [Toronto]: Carswell, 1991.

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Hovius, Berend. The law of family property. (Toronto): Carswell, 1991.

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Book chapters on the topic "Marital property (Byzantine law)"

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Pedersen, Susann Anett. "Landed Property as marital gifts." In Gender, Law and Material Culture, 49–63. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9780429352980-5.

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Dnes, Antony W. "Litigation and Marital Property Rights." In Encyclopedia of Law and Economics, 1342–52. New York, NY: Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_593.

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Dnes, Antony W. "Litigation and Marital Property Rights." In Encyclopedia of Law and Economics, 1–12. New York, NY: Springer New York, 2015. http://dx.doi.org/10.1007/978-1-4614-7883-6_593-1.

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Symeonides, Symeon C. "Property, Marital Property, and Successions." In Choice of Law, 581–624. Oxford University Press, 2016. http://dx.doi.org/10.1093/acprof:oso/9780190496722.003.0015.

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Hayward *, Andrew. "‘Family property’ and the process of ‘familialisation’ of property law." In Marital Rights, 265–84. Routledge, 2017. http://dx.doi.org/10.4324/9781315091464-16.

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Douglas, Gillian, Julia Pearce, and Hilary Woodward. "Cohabitants, Property and the Law: A Study of Injustice." In Marital Rights, 319–42. Routledge, 2017. http://dx.doi.org/10.4324/9781315091464-19.

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Cammack, Mark E., and R. Michael Feener. "Joint Marital Property in Indonesian Customary, Islamic, and National Law." In The Law Applied. I.B. Tauris, 2008. http://dx.doi.org/10.5040/9780755610266.ch-006.

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"The treatment of marital assets: Common-law property rights and EU harmonization." In Property Rights Dynamics, 197–209. Routledge, 2012. http://dx.doi.org/10.4324/9780203014981-17.

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Lowe, N. V., G. Douglas, E. Hitchings, and R. Taylor. "3. The Personal and Property Consequences of Marriage, Civil Partnership and Cohabitation." In Bromley's Family Law, 83–107. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198806691.003.0003.

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This chapter considers how marriage, civil partnership or cohabitation affects the parties’ legal relationship with each other and the wider world. It examines the common law historical approach to marriage before discussing the use of a marital surname, the sexual relationship and the duty to provide financial support. It then discusses the approach taken to intimate relationships by contract law and tort, by public law, including criminal law, and by property law. The end of the chapter considers proposals for reform.
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Chen, Shen. "The value shift of marital property law and its realization path: focusing on the improvement of the contractual property system." In Renmin Chinese Law Review, 289–312. Edward Elgar Publishing, 2021. http://dx.doi.org/10.4337/9781800881679.00015.

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Conference papers on the topic "Marital property (Byzantine law)"

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Stikāne, Līga. "The Right of the Spouses to Choose the Law Applicable to their Matrimonial Property Regime in a Marital Agreement." In The 7th International Scientific Conference of the Faculty of Law of the University of Latvia. LU Akadēmiskais apgāds, 2019. http://dx.doi.org/10.22364/iscflul.7.25.

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