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Relevant bibliographies by topics / Marital property (Hindu law)

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

Author: Grafiati

Published: 4 June 2021

Last updated: 4 February 2022

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

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Halder, Debarati, and K. Jaishankar. "Property Rights of Hindu Women: A Feminist Review of Succession Laws of Ancient, Medieval, and Modern India." Journal of Law and Religion 24, no. 2 (2008): 663–87. http://dx.doi.org/10.1017/s0748081400001740.

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Hindu women's legal right to inherit property has been restricted from the earliest times in Indian culture. In the ancient text Manusmriti, Manu writes: “Her father protects her in childhood, her husband protects her in youth and her sons protect her in old age; a woman is never fit for independence.” However, women were not always excluded from inheriting movable or immovable property from ancestral and marital families. But their proportion of share in the property was far less than that of their male counterparts.Throughout history, restrictions on Hindu women's property rights have undergone change, and current laws governing these rights are more liberal than those of ancient Hindu society. Patriarchal Hindu society provided women with property known as stridhan (literally, women's property or fortune), and it mainly came from marriage gifts (clothes, jewelry, and in some rare cases, landed properties). However, women were denied property rights to the ancestral or marital landed property, and their right over succession of the landed family property was limited. With the emergence of different schools of Hindu law, the concept of stridhan started expanding its literal and legal meaning, granting women more rights to certain forms of property. Later, the nineteenth and twentieth centuries witnessed the passage of several pieces of legislation that were intended to remove more of the barriers to full and equal property rights for Hindu women. Most recently, sexual discrimination in Hindu succession rules was mostly discontinued by the recent Hindu Succession (Amendment) Act (2005).

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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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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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Agnes, Flavia. "Has the Codified Hindu Law Changed Gender Relationships?" Social Change 46, no. 4 (December 2016): 611–23. http://dx.doi.org/10.1177/0049085716666635.

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In the context of the current debate around enactment of a Uniform Civil Code (UCC), there seems to be a tacit acceptance that the codified Hindu family law will form the base of such a code. In this context, it has become necessary to examine whether the codified Hindu law, applicable to around 80 per cent of our population, has helped to bring about social transformation and change gender relationships. 1 At times, the continuation of the Hindu Undivided Family property is perceived as its main lacunae, but the discriminatory aspects of the Hindu cultural ethos which dominate the Hindu law of marriage are seldom held up for scrutiny. The ritual of kanyadaan; the notion that girls are paraya dhan; the pious obligation of a Hindu father to marry off his daughter which then gives boost to dowry; the view that Hindu marriages are sacramental and the accompanying pati-parameshwar concept; the premium placed on virgin brides which pressurises parents to perform child marriages and so on still dominate our social ethos and judicial discourse.

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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 (Hindu 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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Ahmed, Zainab. "The entitlement of females under Section 14 of the [Indian] Hindu Succession Act, 1956." Thesis, SOAS, University of London, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.360264.

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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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Books on the topic "Marital property (Hindu law)"

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Sen, Subratā. Strīdhane striyāḥ svāmitvavicāraḥ. Kolakatā: Saṃskr̥tapustakabhaṇḍāraḥ, 2007.

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Preeti, Singh. Concept of stridhana in ancient Hindu Law: A critical analysis. Varanasi: Centre for Women's Studies & Development, Banaras Hindu University, 2007.

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The Institution of strīdhana in the Dharmaśāstra. Calcutta: Sanskrit College, 1995.

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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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Book chapters on the topic "Marital property (Hindu 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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Mathur, Ashutosh Dayal. "Property, Family, and Women." In Medieval Hindu Law, 62–101. Oxford University Press, 2007. http://dx.doi.org/10.1093/acprof:oso/9780195685589.003.0003.

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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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Patel, Reena. "The Development of Females’ Proprietary Rights in Hindu Law." In Hindu Women’s Property Rights in Rural India, 43–57. Routledge, 2018. http://dx.doi.org/10.4324/9781351156400-3.

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Conference papers on the topic "Marital property (Hindu 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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