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1
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.
5
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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8
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.
9
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.
10
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.
11
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.
12
Spitz, Volker Gerhard Anton. "A comparative analysis of the equalisation of pension benefits under South African and German law." Diss., 1992. http://hdl.handle.net/10500/16098.
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The recognition in law of pension benefits and expectancies, as a
matrimonial asset which may be subject to certain claims (and
counterclaims), occured in South Africa in 1989. The starting point of this
development was an investigation in 1984, on: "the possibility of making
provisions for a divorced woman to share in the pension benefits of her
former husband ". This investigation came about, in South Africa, after
the matter had already been accepted, in many foreign legals systems, as a
well-established, and most important concept of family law.
The obvious question for the South African legislature was which of the
pension-sharing schemes throughout the world would best serve as a
model. Since the South African accrual system was largely based on the
German Zugewinngemeinschaft, it seemed only natural that a close
comparative study should be made of Germany's Versorgungsausgleich
scheme.
It is one of the aims of this thesis to point out whether and to what extent
South Africa followed the German example. To do so, it will be necessary
to examine first the different legal situations which were prevalent before
and after the legal changes in the two countries and to elaborate on the
reasons which led to these changes. The discussion in chapter three of how
the German system of equalisation of pension expectancies, the so-called
Versorgungsausgleich, is applied, will facilitate a comprehensive
comparison with the South African scheme.
The questions to be answered in the fifth chapter are whether it is
appropriate to examine the equalisation of pension expectancies under
South African law, which was only recently introduced, in a comparison
with the German system and whether it is possible to speak of a
Versorgungsausgleich when referring to the South African situation.
Whenever possible, I have attempted to suggest solutions that may appear
acceptable.
To conclude the thesis, certain pension sharing problems arising under
South African private international law will be briefly commented upon.Private Law
LLM
13
Lowndes, Gillian Claire. "The need for a flexible and discretionary system of marital property distribution in the South African law of divorce." Diss., 2014. http://hdl.handle.net/10500/18819.
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Substantive gender equality has yet to be achieved in South Africa. As such, when a decision is made for one of the spouses to a civil marriage to stay at home and care for the children born of the marriage, or make career sacrifices to care for children, that spouse is usually the wife. As a result, while the husband continues to amass wealth and grow his earning potential, the wife is unable to do so. In circumstances where such spouses are married out of community of property or subject to the accrual system with onerous exclusion clauses in the antenuptial contract, the wife may be left with little more than a claim for rehabilitative maintenance in the event of a divorce. The courts only have the discretion to make an equitable distribution of marital property in civil marriages with complete separation of property concluded prior to 1 November 1984 (or 2 December 1988) and customary marriages. It is arguable that this limitation of the judicial discretion violates the equality clause contained in the Constitution of the Republic of South Africa, 1996. A broad judicial discretion to equitably redistribute the spouses’ assets upon divorce is therefore proposed in this dissertation.Private Law
LL.M.
14
Linhartová, Aneta. "Společné jmění manželů se zaměřením na vypořádání po jeho zániku." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-338606.
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The aim of my thesis is to analyse the new legal regulation of community property included in the "new" Czech civil code - Act No. 89/2012 Coll. - and in this connection, to focus mainly on the settlement after its termination. The new legislation of this issue is quite brief and there are many questions arising in this context which are not clear. The thesis is composed of nine chapters. Chapter one characterises the legal term of the community property and its basic features. Chapter two describes marital property relations in a historical context, beginning with their roots in the Roman law and continuing with particular historical periods of legal regulation of these relations on the territory of the current Czech Republic. Chapter three outlines an extent of the community property and its governance in the statutory arrangement. Chapter four is concerned with contractual modifications of the community property and with an arrangement established by a court decision. A part of this chapter also investigates a question of protection of third parties in the connection with the community property. Chapter five deals with possible ways how the community property terminates. It explores both the ways of the termination of the community property although marriage continues and the ways of the...
15
Beranová, Tereza. "Manželské majetkové právo." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-340153.
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Zusammenfassung Diese Diplomarbeit befasst sich mit dem ehelichen Güterrecht; einem Thema, das sowohl für den Alltag der Ehegatten wichtig ist, als auch für diejenigen, die mit einer verheirateten Person rechtlich handeln. Die Arbeit richtet sich vor allem auf den Vergleich der gegenwärtigen rechtlichen Regelung, am 1. 1. 2014 in Kraft getreten, mit der vorherigen Rechtsregelung. Diese Arbeit besteht aus drei Teilen, die in Kapitel unterteilt werden, sowie aus der Einleitung und der Schlussfolgerung. Der erste Teil behandelt die historische Entwicklung der rechtlichen Regelung der Vermögensbeziehungen zwischen Ehegatten auf unserem Rechtsgebiet seit der Gültigkeit des Allgemeinen bürgerlichen Gesetzbuches vom Jahr 1811, über das Gesetz über Familienrecht vom Jahr 1949, bis zum bürgerlichen Gesetzbuch vom Jahr 1964, wirksam bis 31. 12. 2013. Der zweite, zugleich wichtigste und umfangreichste Teil analysiert ausführlich das eheliche Güterrecht im bürgerlichen Gesetzbuch vom Jahr 2012, das mit dem 1. 1. 2014 in Kraft getreten ist. Die einzelnen Kapitel befassen sich mit der Gütergemeinschaft einerseits was Entstehung, Auflösung, Vergleich und Schutz dritter Personen betrifft, andererseits was die Regelungen betrifft, denen sie sowohl vom Umfang als auch verwaltungsrechtlich unterliegen kann. Diese sind: die...
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Quansah, E. K. "Determining matrimonial property rights on divorce : an appraisal of the legal regimes in Botswana." Thesis, 2001. http://hdl.handle.net/10500/15840.
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The bulk of the matrimonial property regimes operating in Botswana
were inherited from the country's colonial past. Since independence
there ha'> not been any realistic attempt to reform them. The thesis set
out to appraisal the legal regimes governing the determination of
matrimonial property on divorce to ascertain their efficacy in realising
the legitimate aspiration of married couples. Comparisons were made
with similar countries to determine how these have tackled problems
relating to determination of matrimonial property on divorce.
The study found that where there is a dispute about matrimonial
property in marriages out of community, the courts have no discretion
to readjust the rights of the parties. This situation adversely affect nonworking
wives who spent most of their time looking after their
husbands and children without being able to acquire capital assets.
Recognition is not given to such domestic contribution to the welfare
of the family. It was also found that the exercise of the marital power
by husbands of marriages in community of property deprives wives of
those marriages the right to administer the joint estate. The patriarchal
nature of customary law, which governs the majority of disputes about
matrimonial property, discriminates against women.
Consequently, the following, inter alia, are suggested as reform
measures.
(a) The courts should be g1ven a wide discretionary power,
circumscribed by statutory guidelines, to reallocate matrimonial
property on divorce irrespective of the matrimonial property regime that
governs the marriage. TI1e underlying principle should be equality of
sharing but this may be departed from where the circumstances of the
particular case warrant it
(b) A spouse's domestic contribution towards the welfare of the family
should be recognised.
(c) The marital power of husbands should be abolished.
(d) The provisions of the Matrimonial Causes Act should be made
applicable to customary marriages.Private Law
LL.D.
17
Welsh, Shirley Anne Vera. "The law giveth and the law taketh away : Marriages out of community of property excluding accrual post 1984/88." 2000. http://hdl.handle.net/10500/16460.
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Because women are predominantly responsible for childcare, men are the primary income
earners. Having acquired the marital assets, on divorce the husband would retain them in a
marriage out of community of property. The wife would be left deskilled, financially
dependent, with little likelihood of receiving spousal maintenance and with no marital assets.
In 1984 the Matrimonial Property Act and in 1988 the Matrimonial Property Law Amendment
Act introduced a judicial discretion to equitably redistribute marital assets in certain
marriages out of community. This dissertation argues that the bases for the limitation of the
judicial discretion to women married before a certain date are unsound and that the limitation
arguably violates the equality clause of the Constitution.Law
LL.M.
18
Němečková, Adéla. "Manželské majetkové právo." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-346995.
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The topic of my diploma thesis is "Law regulating property of spouses". The diploma thesis concerning marital property law is focused mainly on community property. This institute comes into power as a result of entering into a marriage. The aim of the diploma thesis is to describe ways how to secure separate property of spouses in a marriage. The thesis consists of seven chapters, the first chapter is an introduction to this topic and the seventh chapter is a conclusion. The second chapter of my thesis is devoted mainly to the historical development of the community property since 1811 to the current legislation often called as the "new" Civil Code (no. 89/2012). The diploma thesis describes in its third chapter which property consists of community property and which property is excluded from community property. The fourth chapter is focused on a division of community property in case of dissolution of a marriage. Community property can be divided equally between spouses (a husband and a wife) or differently. Spouses can agree on the division of property or it could be decided by court ruling. If either of the spouses does not ask for court decision, the division of community property is achieved by legal presumption (the rules set in the Civil Code for the division of property used after certain...
19
Mercier, Courtenay. ""These kind of flesh-flies shall not suck up or devour their husbands' estates:" married women's separate property rights in England, 1630-1835." Thesis, 2018. https://dspace.library.uvic.ca//handle/1828/9461.
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During the long eighteenth century, married women in England were subject to the rules of coverture, which denied them a legal identity independent of their husbands and severely curtailed their acquisition, possession and disposition of property. There is a consensus among historians that married women circumvented the restrictions of coverture both in their daily lives and by use of the legal mechanism of the separate estate. This study reviews contemporary legal and social attitudes towards women’s property rights in marriage to examine the extent to which married women had economic agency under coverture. Through a review of reported cases, treatises on the law of property, and a contemporary fictional representation of pin-money, I assess the foundations justifying the law of coverture, and the challenges presented to coverture by the separate estate. I argue that there is a distinction between the theory and practice of the separate estate; the separate estate must be understood as a type of property set aside for a special purpose rather than a type of property separated from a husband’s control. More precisely, the existence of the separate estate generally, and pin-money in particular, did little to advance married women’s economic agency.Graduate
20
Carrim, Nazia. "Divorce benefits to non-member spouse under section 37D of the pension funds act 24 of 1956." Thesis, 2013. http://hdl.handle.net/10386/1040.
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Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013This mini dissertation relates to the payment of divorce benefits to a former spouse upon divorce and recent amendments that have taken place in the Pension Funds Act 24 of 1956.Particular reference is made to the amendment of Section 37D.This amendment has brought about changes that will contribute positively to the development of South African Retirement Law. The discussion below deals with the unfairness to non-member former spouses before 1st November 2008. An analysis of pension interest taking into account relevant statutory provisions and case law will be dealt with as well. A classification between a member spouse and a former spouse in order to determine who is responsible to pay tax upon divorce. In terms of the Divorce Act 70 of 1979 the former spouse of a retirement fund on divorce could be awarded by the court a portion of the benefits that the member would have received had she/he resigned on the date of divorce. The former spouse was only entitled to receive that share when the member became entitled to a benefit in terms of the rules of the fund which states on his/her retirement or termination of membership which could have been many years after the date of the divorce. Dissolution of Customary marriages will also be discussed and the benefit a divorced spouse has at the dissolution of marriage.
21
Mackuliaková, Michaela. "Porovnání manželských majetkových režimů v českém a francouzském právu." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-306896.
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A comparison of the property regimes of spouses in Czech and French law The aim of this masters thesis was to compare property regimes of spouses in Czech and French legal systems. The thesis is dealing with different aspects of "marital estate regime" under the Czech Civil Code, "legal regime" under the French Civil Code and the "legal regime" under the new Czech Civil Code effective from 2014 In addition, the aim was also to examine whether the legislators of both countries based the legal texts on similar premises. In cases of missing positive legal norms, the thesis examined whether practice or case law leads the legislators to conclusions similar or completely different in the respective legal systems. The secondary objective was to compare existing and new Czech Civil Code and evaluate the progress in the approach to the institute of marital estate. The marital property law has to face traditionally two interests, namely individual interest of each spouse and the common interest of the conjugal union. It is important to reconcile these two interests to such extent that common interests will be given sufficient protection, but on the other hand, to extent not as restrictive as to cause aversion to the institution of marriage itself. The thesis is composed of four chapters, each of them dealing...