To see the other types of publications on this topic, follow the link: Marital property (Hindu law).
Journal articles on the topic 'Marital property (Hindu law)'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Marital property (Hindu law).'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
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.
Full textAbstract:
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).
2
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.
Full text
3
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.
Full text
4
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.
Full textAbstract:
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.
5
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.
Full textAbstract:
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.
6
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.
Full textAbstract:
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.
7
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.
Full textAbstract:
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.
8
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.
Full textAbstract:
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.
9
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.
Full textAbstract:
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.
10
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.
Full textAbstract:
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.
11
Subramanian, Narendra. "Making Family and Nation: Hindu Marriage Law in Early Postcolonial India." Journal of Asian Studies 69, no. 3 (August 2010): 771–98. http://dx.doi.org/10.1017/s0021911810001476.
Full textAbstract:
Postcolonial states responded differently to the group-specific personal laws that were recognized in many colonial societies. While some retained most colonial personal laws (e.g., Lebanon) and others introduced major changes (e.g., Tunisia), most introduced modest yet significant changes (e.g., Egypt, India, Indonesia). Indian policy makers retained personal laws specific to religious groups, and did not change the minority laws, although minority recognition did not rule out culturally grounded reform. They changed Hindu law alone based on their values, as they saw Hindu social reform as the key to making nation and citizen. Reform proposals drew from the modern Western valuation of the nuclear family, and from Hindu traditions that were reformed to meet standards of modernity. As Hindu nationalists and other conservatives defended lineage authority, legislators retained much of the lineage control over ancestral property. But they provided limited divorce rights, reduced restrictions on mate choice, and banned bigamy. The visions driving the initial proposals influenced many later changes in India's family laws.
12
Lichtenstein, Bronwen, and Ida M. Johnson. "Splitting the Marital Home: Gendered Property Division and Postdivorce Foreclosure." Journal of Divorce & Remarriage 60, no. 5 (November 20, 2018): 346–61. http://dx.doi.org/10.1080/10502556.2018.1546065.
Full text
13
Mishra, Archana. "Devolution of Property of the Hindu Female: Autonomy, Relationality, and the Law." International Journal of Law, Policy and the Family 29, no. 2 (June 6, 2015): 149–66. http://dx.doi.org/10.1093/lawfam/ebv003.
Full text
14
Agarwal, Bina. "Hindu Women’s Property Rights in Rural India: Law, Labour and Culture in Action." Asian Journal of Criminology 4, no. 2 (January 8, 2009): 189–92. http://dx.doi.org/10.1007/s11417-008-9063-2.
Full text
15
Vintoniak, N. D. "Corporate Rights Of The Spouses: The Essence Of The Legal Regime." Actual problems of improving of current legislation of Ukraine, no. 50 (June 11, 2019): 103–13. http://dx.doi.org/10.15330/apiclu.50.103-113.
Full textAbstract:
The article is devoted to the question of legal regulation of corporate rights of spouses. The issues of the legal regime of marital property as well as the essence of the legal regime of spouses’ corporate rights have been discussed.
It has been justified that upon investing marital property into the authorized share capital of a corporation which one of the spouses has ownership rights in, the rights of rem become the law of obligation (vinculum iuris). The law of obligation, incurred between spouses upon investing part of the shared property into company’s authorized share capital to participate in the authorized share capital, is based on the claim rights.
It is noted that since the moment the company is registered with the State Registrar of Companies, such a company becomes a participant of civil law relations. The predetermined contribution (consisting of marital property) invested into the authorized share capital of a corporation becomes the property of the mentioned legal entity and is not subject to shared property of the spouses. Therefore, marital property as joint owned property becomes sole and separate property of the corporation.
It has been proved that taking into account the indivisibility and the personalized nature of corporate rights, corporate rights cannot be subject to shared property of the spouses. This statement is supported by the fact that having the other spouse as a shareholder will lead to the increase in the number of shareholders.
It has been explained that the legal regime of spouses’ corporate rights is subject to special legal regime, namely transformation of property rights. For that of the spouses who is a company shareholder, the right to property, which is being contributed to the authorized share capital of the corporation, becomes corporate right. For the other spouse, the mentioned above rights become claim rights.
16
Attah, Michael. "Divorcing Marriage from Marital Assets: Why Equity and Women Fail in Property Readjustment Actions in Nigeria." Journal of African Law 62, no. 3 (September 19, 2018): 427–46. http://dx.doi.org/10.1017/s0021855318000207.
Full textAbstract:
AbstractApplicable statutes give Nigerian courts discretion to achieve fairness in marital property readjustment. Ironically, the courts’ approach has often been to adjudicate on the basis of formal title, resulting in a general failure to make any readjustments. This article offers two alternative explanations for this judicial behaviour: absence of a specific statutory marriage-centred definition of matrimonial property; and the courts’ failure to appreciate the implicit matrimonial property regime revealed by a perspicacious interpretation of the statutes. These factors lead the courts to exercise a title-finding jurisdiction instead of an adjustive one. This conservative approach results in the courts exercising an exclusionary prescription of property. These flaws ignore the socio-cultural underpinnings and environment of marriage that support patriarchy in Africa and generally “disable” women in relation to property rights. Sample court cases support this thesis and underscore the need for a statutory definition of matrimonial property, with marriage as its denominator.
17
Weisberger, June Miller. "Selected Conflict of Laws Issues in Wisconsin's New Marital (Community) Property Act." American Journal of Comparative Law 35, no. 2 (1987): 295. http://dx.doi.org/10.2307/840391.
Full text
18
Pakendek, Adriana, and Anni Puji Astutik. "The Model of Implementation 0f Property Distribution After Divorce of Local Wisdom Perspective in Madura." JOURNAL OF SOCIAL SCIENCE RESEARCH 16 (October 19, 2020): 84–92. http://dx.doi.org/10.24297/jssr.v16i.8882.
Full textAbstract:
This study's purpose is to reveal and determine the implementation model of the distribution of marital property after divorce from the perspective of Madurese local wisdom. This research uses the empirical juridical method; according to Ronny Hanitijo Soemitro, a law that is empirically a symptom of society, on the other hand, can be studied as a variable (independent variable) which causes consequences on various aspects of social life. In social studies, the law is not conceptualized as an independent (autonomous) normative phenomenon, but as social institutions which are associated in real terms with other social variables. The results of this study are: a model for the implementation of post-divorce marital property distribution in the perspective of Madurese local wisdom, with the wisdom of distributing marital assets after divorce by distributing them into several models or forms as follows: (1) following the distribution model according to the positive legal arrangement of Indonesia, namely what is regulated in state law and is decided by the Religious Court, that the distribution of marital assets, namely widows or divorced widowers, each has the right to a half of the marital assets as long as it is not stipulated otherwise in other agreements in marriage. Meanwhile, based on the Article 37 of Law Number 1 the Year 1974 concerning the marriage, if the marriage breaks up due to divorce, marital assets is regulated according to their respective laws. Meanwhile, according to the Civil Code (KUH Perdita), Article 128, after the dissolution of marital assets, their marital assets are divided between husband and wife, or between their heirs, without question of which party the goods originated from. (2) the post-divorce model of the distribution of marital assets in the perspective of Madurese local wisdom is based on the wisdom of each individual soul or soul of a divorced husband and wife. The wisdom of each of these minds or souls is partly rooted in the Madurese community, which in this paper is called wisdom. As part of local wisdom in Madura, the distribution of marital assets is carried out by means of mediation (abeq remember) attended by community leaders.
19
Alves-Perini, Nell, Margaret Harrison, Helen Rhoades, and Shurlee Swain. "Finding Fault in Marital Property Law: A Little Bit of History Repeating?" Federal Law Review 34, no. 3 (September 2006): 377–98. http://dx.doi.org/10.22145/flr.34.3.1.
Full text
20
Klein, Elka. "The Widow's Portion: Law, Custom, and Marital Property among Medieval Catalan Jews." Viator 31 (January 2000): 147–64. http://dx.doi.org/10.1484/j.viator.2.300764.
Full text
21
Alves-Perini, Nell, Margaret Harrison, Helen Rhoades, and Shurlee Swain. "Finding Fault in Marital Property Law: A Little Bit of History Repeating?" Federal Law Review 34, no. 3 (September 2006): 377–98. http://dx.doi.org/10.1177/0067205x0603400301.
Full text
22
Irawan, Yosi. "Kepemilikan Hak Atas Tanah yang Merupakan Harta Bersama." Lambung Mangkurat Law Journal 3, no. 1 (March 22, 2018): 1. http://dx.doi.org/10.32801/lamlaj.v3i1.64.
Full textAbstract:
The aims of this research are to analyze the consept of ownership of the land right ownership which constitutes marital property based on the legal regulation on the certificate which mentions the name of the party, and to analyze the legal consequence of the ownership of the land right which contitutes marital property in case in the Land certificate it is stipulated then names of both parties.Government Regulation Number 24 of 1997 concerning Land Registration states that land right can be possessed individually or jointly. It can be owned by more than one person, it can be under the name of a family, two persons not from one descent, and by marriage tie. Land ownership in a marriage tie is called marital property, regulated in article 35, article 36, and article 37 of Act Number 1 of 1974. It can be in a form of a property owned by one of the party and then marged into the marital property as well as the property obtained during the periode of the mariage. To sell such land the husband or the wife must get approval form the spouse. Article 92 of Islamic Law Compilation ( KHI ) stipulates that the husband or wife is not permitted to sell the marital property without the approval of the other party. The problem which often araises with regard to the marital property in a form of land is the fact that the land is registered under the name of the husband or the wife. As long as the couple still live in harmony there will no problem. But when they are divorced, the land is dominated by the party whose name is regitered in the certificate. This problem will not happen if the marital land is registered under the name of the husband and the wife jointly.KEPEMILIKAN HAK ATAS TANAH YANG MERUPAKAN HARTA BERSAMA
23
Nevzgodina, Elena, and Natalia Temnikova. "On the Prospects for the Development of the Institution of Joint Property of Spouses." Herald of Omsk University. Series: Law 17, no. 3 (October 19, 2020): 109–12. http://dx.doi.org/10.24147/1990-5173.2020.17(3).109-112.
Full textAbstract:
Introduction. The review presents A. A. Dobrovinsky’s monograph “Problems of property relations in
family law of the Russian Federation: theory, practice and law reform” (Moscow: Eksmo, 2020. 208 p.),
devoted to theoretical and practical problems of the legal regime of marital property. The monograph
illuminated a number of topical and problem issues of the theory and practice of family disputes concerning common property of spouses, such that circumvented proper attention in the science of family law and cause
significant difficulties in the judicial practice: the issues of presumption of spousal consent for the transaction
with the common property and the fixing of this agreement, especially in business assets, stocks and shares
and also “beneficial ownership” of spouses. Conclusion. The monograph can be recommended not only for the
purposes of further development of the science of family law, but also for family law and law enforcement.
Written in a lively and clear language, with a remarkable logic of presentation, it is undoubtedly also
recommended for use in the educational process, as an indicator of the current state of disputes over the
division of marital property.
24
NEWBIGIN, ELEANOR. "Personal Law and Citizenship in India's Transition to Independence." Modern Asian Studies 45, no. 1 (January 2011): 7–32. http://dx.doi.org/10.1017/s0026749x10000338.
Full textAbstract:
AbstractStudies of the post-colonial state have often presented it as a structure that has fallen under the control of self-interested sections of the Indian elite. In terms of citizenship, the failure of the state to do more to realize the egalitarian promise of the Fundamental Rights, set out in the Constitution of 1950, has often been attributed to interference by these powerful elite. Tracing the interplay between debates about Hindu property rights and popular support or tolerance for the notion of individual, liberal citizenship, this paper argues that the principles espoused in the Fundamental Rights were never neutral abstractions but, long before independence, were firmly embedded in the material world of late-colonial political relations. Thus, in certain key regards, the citizen-subject of the Indian Constitution was not the individual, freed from ascriptive categories of gender or religious identity, but firmly tied to the power structures of the community governed by Hindu law.
25
KASTURI, MALAVIKA. "‘Asceticising’ Monastic Families: Ascetic Genealogies, Property Feuds and Anglo-Hindu Law in Late Colonial India." Modern Asian Studies 43, no. 5 (September 2009): 1039–83. http://dx.doi.org/10.1017/s0026749x08003843.
Full textAbstract:
AbstractThis paper examines a fundamental premise of Anglo-Hindu law on succession between 1860 and 1940, that kinship was emblematic of secular modes of living, to analyse its implications for the assertion of masculinity within ascetic orders in northern India. Legal discourses engaged with rights to succession within ascetic orders, by functioning on the assumption that the renunciatory life of ascetics was antithetical to sexuality and domesticity. This institutionalization of law, that defined asceticism and fixed ascetic masculinities within a legal frame, occurred with the consent of ascetic orders concerned with the ownership and distribution of property, even though sexuality and gender played a central role in shaping relationships within sacred spaces. Myriad ties embracing the language of kinship shaped ascetic orders. Bonds of sentiment and sexual attachment over-lapped with, sustained, and produced the bonds tying spiritual preceptors to their disciples. Relationships within ascetic families, consisting of men, their female companions, children and relatives, along with their attendant obligations were validated through rights of ownership and inheritance to property. Taking advantage of Anglo-Hindu law by the early twentieth century, ascetic orders sought to ‘purify’ their genealogies through the medium of property disputes fought in colonial courts. By manipulating the legal meanings ascribed to asceticism, masculinity and renunciation, these orders effaced unwanted members from their orders with varying degrees of success, especially women and children.
26
Denault, Leigh. "Partition and the politics of the joint family in nineteenth-century north India." Indian Economic & Social History Review 46, no. 1 (January 2009): 27–55. http://dx.doi.org/10.1177/001946460804600103.
Full textAbstract:
Using nineteenth-century case law, legal and social theory, and ethnography, this essay will examine colonial attempts to coalesce complex relational identities into individual and collective ones, and to create ‘the Hindu joint family’ as a codified ritual and property-holding collective. Focussing on texts and court cases that considered the ‘joint family’ as a social unit under siege or a property collective at the point of dissolution, we can see how individuals were forced to privilege certain social and intimate bonds above others in establishing a clear identity before the state. The importance of the creation of alienable property rights and markets in land became a clear motive for supporting the North Indian Hindu joint family as a social norm across India. Courts felt free to assign identities and to codify customs when confronted with syncretic practices or blurred ‘traditions’ that had characterised eighteenth-century families.
27
Salma, Jožef. "On the contracts related to matrimonial property." Glasnik Advokatske komore Vojvodine 74, no. 9-10 (2002): 339–50. http://dx.doi.org/10.5937/gakv0211339s.
Full textAbstract:
Positive law in Serbia does not provide for the possibility of a marital agreement. After the comparative analysis, the author suggests that the introduction of this type of contract into our legal system would certainly prevent a number of equitable distribution disputes. If this type of contract was introduced, it would certainly promote the free will of spouses as well as the advantages of having the separate property.
28
Pokora, Andrzej. "ASSERTING CRIMINAL LAW CLAIMS ON BEHALF OF THE STATE TREASURY FROM CONVICTS BOUND BY THE JOINT MARITAL PROPERTY REGIME." Roczniki Administracji i Prawa 2, no. XVIII (December 30, 2018): 245–58. http://dx.doi.org/10.5604/01.3001.0013.1794.
Full textAbstract:
The article covers the terms and scope of liability of convicts from their personal property and from the joint property when they are bound by the joint marital property regime. In the first place, problems of a convict’s liability from the personal property is discussed. Then, the possibility of the convict’s liability from the joint property is presented. Finally, the article discusses problems of limiting or excluding the liability under art . 28 of the Executive Penal Code and the impact of a change in property relations between spouses on the conduct of execution of criminal law liabilities.
29
Danarta, Kadek Setyawan. "KARAKTERISTIK PEMASANGAN HAK TANGGUNGAN TERHADAP HARTA PERKAWINAN." JURNAL MEDIA HUKUM DAN PERADILAN 5, no. 2 (October 30, 2019): 161–74. http://dx.doi.org/10.29062/jmhp.v5i2.84.
Full textAbstract:
In essence the law is the realization of the protection of the interests of the community. Regarding Marriage Assets Law between husband and wife regulated in the Marriage Law has different legal principles from the Civil Code, so that in its application, Marriage Assets Law is subject to two legal systems, namely Marriage Assets Law based on Civil Code and Wealth Law Marriage based on the Marriage Law. The purpose of this thesis article is about the problem, the legal position of marital property in a household if it is used as a mortgage and the implementation of the mortgage rights to the marriage assets. In this article research uses a normative juridical method with an empirical juridical approach to refer to Law No. 1 of 1974 concerning Marriage. The results of the study basically if there is a marriage there will be a mixture of wealth between husband and wife, if the marriage is not accompanied by a marriage agreement, between the two parties there will be a round of wealth. (1) The legal status of marital property in a household if it is made a mortgage or legal property of marriage in jurisprudence has been accepted by the principle of transitory law. (2) Then the implementation of the installation of mortgages to marital assets must always be approved by both parties both husband and wife. While the granting of mortgages is preceded by a promise to provide mortgages as collateral for repayment of certain debt, which is stated in and is an integral part of the debt agreement.
30
Mulia, Riza. "Marital Beslag Outside Divorce Lawsuit in the Maqashid Syari’ah Perspective." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 4, no. 2 (December 28, 2020): 398. http://dx.doi.org/10.22373/sjhk.v4i2.7052.
Full textAbstract:
The law of marriage seeks to protect joint property in the marriage bond with the hope that a quality family can be formed without any problems. Rules in law provide various reasons for formal legal guarantees for the protection of joint assets. This reason also does not escape the view of Islamic law through maqashid syar'iyah. This paper uses a normative approach. The focus of the problem in this paper is the objective of applying marital beslag outside of a divorce suit from the viewpoint of maqashid syar'iyah. The results showed that the provisions for marital beslag outside of a divorce suit were intended to maintain human needs from the financial aspect of the family that could sustain the family. In this context, protection of property helps maintain relationships between individuals (families) through the meaning contained in the text, where confiscation contains an element of family care which is also the goal of the maqasid.
31
Bonthuys, Elsje. "Exploring Universal Partnerships and Putative Marriages as Tools for Awarding Partnership Property in Contemporary Family Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (December 9, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1192.
Full textAbstract:
Following upon the Supreme Court of Appeal’s judgment in Butters v Mncora, which broadened the criteria and consequences of universal partnerships in cohabitation relationships, this article investigates the potential of universal partnerships and putative marriages to allocate rights to share in partnership property in other intimate relationships. It traverses several instances in which marriages are not recognised - bigamous marriages, Muslim and Hindu religious marriages and invalid customary marriages – examining whether the wives in these marriages could use universal partnerships and putative marriages to claim a share in property. It then considers the use of universal partnerships to obtain a share of property in civil marriages out of community of property. It concludes by pointing out several issues which are in need of clarification and where the common law should be developed to give effect to fundamental constitutional rights.
32
Brunson, Jan. "Moving Away from Marital Violence: Nepali Mothers Who Refuse to Stay." Practicing Anthropology 33, no. 3 (July 1, 2011): 17–21. http://dx.doi.org/10.17730/praa.33.3.12v3l28p2t557405.
Full textAbstract:
During research on changes in the reproductive desires of young Hindu Nepali mothers in the Kathmandu Valley, I encountered a theme of suffering or hardship, dukha in Nepali, in women's responses. My research, and thus my questions, were not designed to evoke stories of suffering; they asked about marriage, the differences between being a daughter in one's natal home and a wife in one's husband's home, women's experiences of pregnancy, of birth, and of the period of seclusion after birth known as sutkeri, and the transition to becoming a mother-in-law. A rich body of literature on South Asia describes how a woman's status fluctuates dramatically over the life course (Bennett 1982; Das 1992; Das Gupta 1995; Lamb 2000), and I was examining how changes in caste, gender norms, and family residence patterns were adding complexity to this model of women's life course trajectories.
33
Ulya, Zakiyatul. "KEDUDUKAN ANAK ANGKAT DALAM HUKUM WARIS ISLAM DAN HINDU." AL-HUKAMA' 7, no. 2 (March 21, 2018): 280–304. http://dx.doi.org/10.15642/alhukama.2017.7.2.280-304.
Full textAbstract:
Both of Islam and Hindu have regulated in detail the issues of inheritance. If the two are compared, it can be seen that there is a difference in positioning adopted child, where in Hindu law is used as the cause of inheritance whereas in Islamic law it is not. Thus, it can be seen that the adopted child does not belong to the heirs in Islamic law, so the inheritance rights remain to his biological family, not his adopted family. However, they can get a share of the property of their adopted parents by the way of a testament not more than 1/3 of a part, even in this case, article 209 paragraph 2 of KHI states that against a adopted child who does not receive a will is given a maximum of 1/3 of the inheritance of his adopted parents. Unlike the Islamic law, Hindu law classifies adopted sons including in heirs whose inheritance rights are transferred to their adopted families and are equal to those of legitimated children who inherit in the first place with the possibility to obtain all parts if no children are equal.
34
DAS ACEVEDO, DEEPA. "Divine Sovereignty, Indian Property Law, and the Dispute over the Padmanabhaswamy Temple." Modern Asian Studies 50, no. 3 (July 2, 2015): 841–65. http://dx.doi.org/10.1017/s0026749x14000535.
Full textAbstract:
AbstractSecular governance in India was meant to have incorporated religion within public life, but the implementation of ‘Indian secularism’ has in important ways been premised on separating religious and secular lifeworlds. Public Hindu temples, whose assets and operations are managed by a melange of statutory bodies, courts, and state governments, exemplify this puzzling situation. The 2011 discovery of treasures within the Padmanabhaswamy temple in Trivandrum, Kerala, prompted extended public debate about the ownership of temple assets as well as litigation that eventually reached the Supreme Court of India. Indian citizens, erstwhile princely rulers, and the deity of the temple were variously presented as the true owners of the wealth. Ultimately, both public discourse and judicial opinion largely reaffirmed the notion that religious institutions are to be treated as private, contractually defined properties, and that temple wealth, as specifically religious property, exists outside of market circulations.
35
Nazar, Mirosław. "Glosa do uchwały Sądu Najwyższego z dnia 19 października 2018 r. (III CZP 45/18). Surogacja składników majątków osobistych małżonków w ustroju wspólności ustawowej." Studia Iuridica Lublinensia 29, no. 3 (June 30, 2020): 267. http://dx.doi.org/10.17951/sil.2020.29.3.267-276.
Full textAbstract:
<p>The gloss contains remarks on the resolution of the Supreme Court of 19 October 2018 (III CZP 45/18), according to which an item acquired under the joint marital property regime and financed partly from the funds derived from the personal property of one of the spouses and from their joint property becomes the personal property of the spouse concerned and the joint property of the spouses in the proportion corresponding to the proportion of the funds allocated from those assets for its acquisition, unless the funds from the personal property or the joint property transferred for the acquisition of the property was an expense towards the joint or personal property, respectively. The gloss states that the rules of civil law concerning the formation of fractional joint ownership and the regulation of the joint marital property do not justify the thesis supported in the commented resolution. The conclusion of the gloss contains a proposal for interpretation that is different from that put forward in the resolution of the Supreme Court. It must be assumed that an asset acquired by both spouses or by one of them during the period of their joint marital property in exchange for funds derived from the joint property and personal property of one of the spouses becomes <em>ex lege</em> a component of the joint property of the spouses, unless, under the agreement of the spouses, it is acquired as a fractional joint property, one share of which goes to the joint property and the other to the personal property.</p>
36
Gashi, Haxhi, and Bashkim Preteni. "MARRIAGE AND PROPERTY REGIME OF SPOUSES UNDER KOSOVO CURRENT LAW AND DRAFT – CIVIL CODE." Pravni vjesnik 36, no. 3-4 (2020): 309–23. http://dx.doi.org/10.25234/pv/10800.
Full textAbstract:
The impact of marriage in the property rights of spouses has been recognized since Roman law and nowadays remains a principle well established under each European legal system. Under Kosovo law, marriage creates different legal consequences between spouses including for their property rights. The current property regime of spouses under the Law on Family establishes rules on individual ownership and joint ownership. However, it does not recognise the contract for the regulation of the property regime of spouses. This has created problems with regard to the separation of the property after the marriage ceases. Contrary to this, under Kosovo Draft Civil Code – Book 4 on Family, the property regime of the spouses has advanced including for the recognition of premarital and marital contracts. This paper discusses questions arising from the relationship between spouses that have an effect on property and are treated from a current law perspective and in line with the civil law codification that is occurring in Kosovo.
37
Parkinson, Patrick. "Constitutional Law and the Limits of Discretion in Family Property Law." Federal Law Review 44, no. 1 (March 2016): 49–75. http://dx.doi.org/10.1177/0067205x1604400103.
Full textAbstract:
The argument of this Article is that the width of discretion that trial judges have to alter property rights under the Family Law Act 1975 (Cth) (‘the Act’) has been overstated. The property aspects of the Act can only be valid to the extent to which the law is an appropriate application of the marriage and divorce powers in the Constitution or is within the boundaries of the States’ reference of powers about de facto relationships. These constitutional provisions place significant constraints upon judicial discretion. In relation to marriages, the need to adjust property rights must result from the circumstances of the marital relationship or be justified as a consequence of the financial impact upon a party of its breakdown. The authority of Parliament to make laws concerning the alteration of the property rights of de facto partners is limited to cases of relationship breakdown. Furthermore, the Family Court of Australia and the Federal Circuit Court of Australia are both Chapter III courts. That has implications for the kind of discretion that Parliament can lawfully confer upon the trial judge, and the limits of that discretion. Some recent dicta and decisions of the Full Court of the Court suggest a view of judicial discretion which, it is argued, is inconsistent with the nature of judicial power in a Chapter III court. The discretion of trial judges is fettered by three duties: The duty to follow the interpretation of the Act as established authoritatively by appellate decisions, taking account of guidelines in appellate judgments; the duty to give reasons that explain the outcome of the case, and in particular, to justify the alteration of legal and equitable interests in specific items of property; and the duty to avoid arbitrary and capricious decision-making. The current jurisprudence on family property law is not necessarily consistent with these constitutional limitations.
38
Truchan-Matłok, Magdalena. "MARITAL INTERDEPENDENCE IN A BUSINESS CONDUCTED AS PART OF A CIVIL LAW PARTNERSHIP AND A COMMERCIAL PARTNERSHIP." Roczniki Administracji i Prawa 1, no. XIX (June 30, 2019): 383–99. http://dx.doi.org/10.5604/01.3001.0013.3611.
Full textAbstract:
The author discusses the concept of marital interdependencies while running a business in the form a civil law partnership and a commercial partnership. Firstly, a brief outline of the issues in question is provided. The second chapter presents the characteristics of joint ownership. The third chapter discusses the spouse as an entrepreneur in a civil law partnership. The fourth chapter is the continuation of the previous chapter, extended to include the concept of a civil law partnership entered into by one of the spouses prior to the establishment of statutory community property regime and following the establishment of statutory community property regime. The fifth and sixth chapters are preoccupied with the spouse’s position in a commercial partnership and partnership rights appurtenant to marital properties. The article’s summary refers to the differences arising in the spouse’s joint ownership in a civil law partnership and a commercial partnership. Several conclusions have been drawn in the summary.
39
Belintxon Martin, Unai. "Comentario al Auto de la Audiencia Provincial de Islas Baleares (Sección 4ª) núm. 54/2018, de 10 de abril. Un apunte sobre la prueba del Derecho extranjero en un procedimiento de medidas cautelares = Audiencia Provincial (Court of Appeals) of the Balearic Islands, 4th section. Commentary to the judicial decree 54/2018 of April 10th, 2018. Note to the proof of foreign law in a procedure regarding precautionary measures." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 1 (March 11, 2019): 685. http://dx.doi.org/10.20318/cdt.2019.4640.
Full textAbstract:
Resumen: Interposición de Recurso de Apelación frente a Auto de instancia que deniega el establecimiento de medida cautelar (anotación preventiva de demanda) con la finalidad de evitar la enajenación de la vivienda conyugal tras la disolución del matrimonio por uno de los cónyuges y que impone el abono de las costas procesales al solicitante de la medida.Palabras clave: disolución del matrimonio, costas procesales, medida cautelar, enajenación de vivienda conyugal, aplicación de Derecho extranjero, prueba del Derecho extranjero.Abstract: Bringing an appeal against the judicial decree that denies the establishment of precautionary measures (provisional record of the claim) aiming at the avoidance of the marital property sale after the dissolution of marriage and declares the imposition of the court costs to its petitioner.Keywords: dissolution of marriage, court costs, precautionary measures, marital property sale, the application of foreign law, proof of foreign Law.
40
Vatuk, Sylvia. "Women's Rights Issues Among Bombay Parsis: A Legal Anthropologist's Thoughts on Mitra Sharafi's Law and Identity in Colonial South Asia." Law & Social Inquiry 42, no. 04 (2017): 1215–23. http://dx.doi.org/10.1111/lsi.12321.
Full textAbstract:
I focus in this essay on legal issues related to women's rights in the British colonial period that are discussed in Mitra Sharafi's 2014 book, Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772–1947. Beginning in the early nineteenth century, the Parsi leadership actively lobbied for laws related to intestate inheritance, women's property rights, divorce, and child marriage that were consistent with their community's customary values and practices. During the same period, legal reform movements were also underway on behalf of Hindu and Muslim women and, to a lesser extent, Christian women. This essay highlights some of the common themes in those movements and discusses, in particular, the similarities and differences in what was achieved for Parsi women and their Hindu sisters, as they and their respective male leaders traversed the road toward greater gender equality under the law.
41
KHADIAGALA, LYNN. "NEGOTIATING LAW AND CUSTOM: JUDICIAL DOCTRINE AND WOMEN'S PROPERTY RIGHTS IN UGANDA." Journal of African Law 46, no. 1 (April 2002): 1–13. http://dx.doi.org/10.1017/s022185530200175x.
Full textAbstract:
Since the promulgation of Uganda's new constitution in 1995, the Law Reform Comission (LRC) has had the task of revising statutory laws to conform to the new constitution. One focal point has been the drafting of a Domestic Relations Bill. The bill proposes significant changes in women's legal status within the institutions of marriage and succession. Under the new statute, for example, women would gain joint marital property rights over any assets acquired during the course of marriage. Women could use the law to challenge husbands who seek to sell property or shift assets among their wives. The bill also proposes that when a married person dies intestate, the suviving spouse(s) should be appointed administrator to the estate, unless the courts have good reason not to do so. This should facilitate widows who seek to protect their assets from relatives who perceive in death opportunities to grab property. Not suprisingly, publication of the bill generated considerable outrage among men who perceive the extension of property rights to women as a direct threat to a natural social order privileging male authority.
42
Pratama, Arun. "IMPLEMENTASI PERCAMPURAN HARTA BERSAMA DAN HARTA BAWAAN DALAM PERKAWINAN (Studi Kasus Putusan Pengadilan Agama NOMOR : 0189/PDT.G/2017/PA.SMG)." Jurnal Ius Constituendum 3, no. 1 (April 21, 2018): 15. http://dx.doi.org/10.26623/jic.v3i1.861.
Full textAbstract:
<h1 align="center">ABSTRAK</h1><p>Pada lembaga perkawinan masyarakat dikenal adanya pencampuran harta perkawinan, sehingga tidak menutup kemungkinan adanya percampuran harta bersama dan harta bawaan. Dalam hukum positif hanya mengatur mengenai harta bawaan dan harta bersama secara terpisah, tetapi tidak diatur mengenai percampuran harta bersama dan harta bawaan. Permasalahan yang dibahas dalam penelitian ini adalah ketentuan hukum mengenai percampuran harta bersama dan harta bawaan dalam perkawinan menurut UU Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam (KHI) dan implementasinya dalam perkawinan setelah adanya perceraian pada putusan Pengadilan Agama Nomor : 0189/Pdt.G/2017/ PA.Smg.</p><p>Untuk melakukan penelitian menggunakan metode pendekatan yuridis normatif, sehingga data yang digunakan data sekunder. Adapun teknik pengumpulan data dilakukan melalui studi kepustakaan sedangkan teknik analisis data menggunakan analisis kualitatif.</p><p>Hasil penelitian menunjukkan bahwa ketentuan hukum mengenai percampuran harta bersama dan harta bawaan dalam perkawinan diatur dalam Pasal 35 Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan dan Pasal 1 huruf f KHI yang pada intinya menyatakan bahwa bahwa harta benda yang diperoleh selama perkawinan menjadi harta bersama tanpa mempersoalkan terdaftar atas nama siapapun, meskipun di dalamnya terdapat harta bawaan. Implementasi percampuran harta bersama dan harta bawaan dalam perkawinan setelah adanya perceraian pada putusan Pengadilan Agama Nomor : 0189/Pdt.G/2017/PA.Smg adalah dalam hal pembagian harta bersama pihak istri mendapatkan bagian lebih besar dari pihak suami yaitu ¾ bagian sedangkan suami ¼ bagian. Hal tersebut mencerminkan keadilan distributif dimana hakim memberikan jatah kepada setiap orang berdasarkan jasanya atau memberikan kepada setiap orang apa yang menjadi haknya berdasarkan kepada azas keseimbangan atau memberikan hak kepada setiap orang berdasarkan prestasinya atau memberikan penghargaan kepada pihak yang berprestasi atau melindungi pihak yang berprestasi (pihak yang kuat).</p><p> </p><p align="center"><strong><em>ABSTRACT</em></strong></p><p><em>In marriage institution, the society knows a mixing of marital property, there is possibility of mixing of marital and individual property. Positive law only regulates the possessions and joint property separately, but it is not regulated about the mixing of marital and individual property. The problem discussed in this research is legal provisions concerning the mixing of marital and individual property in marriage according to Law Number 1 Year 1974 and Compilation of Islamic Law (KHI) and its implementation in marriage after the divorce on Religious Court decision Number: 0189/Pdt.G/2017/PA.Smg.</em></p><p><em>This research used normative juridical approach method, data used were secondary data. The technique of data collection was done through literature study while the data analysis technique was done by using qualitative analysis.</em></p><p><em>The results showed that the legal provisions concerning the mixing of marital and individual property in marriage are regulated in Article 35 of Law Number 1 Year 1974 concerning Marriage and Article 1 letter f KHI which in essence states that the property acquired during marriage becomes joint property without the questioning the name of being registered on behalf of, even if there is individual property. The implementation of mixing of marital and individual property in marriage after divorce on Religious Court's decision Number: 0189/Pdt.G/2017/PA.Smg is in the case of division of property together the wife gets bigger part than the husband that is ¾ whereas husband is only ¼. It reflects distributive justice in which the judge gives each person a share according to his or her services, or gives each person her/his rights are based on the principle of equilibrium or entitles each person on the basis of his/her performance or rewards the achievers or protect the achiever (the strong party).</em></p>
43
Sharma, Kanika. "Withholding Consent to Conjugal Relations within Child Marriages in Colonial India: Rukhmabai's Fight." Law and History Review 38, no. 1 (February 2020): 151–75. http://dx.doi.org/10.1017/s0738248020000024.
Full textAbstract:
Married at the age of eleven, Rukhmabai refused to go and live with her husband who had filed a suit for restitution of conjugal rights against her in 1884. This paper analyses the transplantation of the notion of restitution of conjugal rights into Hindu personal law in India at a time when child marriage was rife and there was no minimum age of marriage. Within this context Rukhmabai's case symbolises an important interjection in its attempt to posit lack of consent to an infant marriage as a defence against suits for restitution of conjugal rights. This marked a shift from female consent being understood as a question of physical maturity alone, to a claim of intelligent consent and the capacity to withhold such consent within an unconsummated marriage arranged in the girl's infancy. While analysing these notions of consent within colonial law the paper also closely scrutinises Rukhmabai's public writings to recover one of the earliest published Indian female views on the need for marital consent.
44
Gu, Yi, and Guang Ming Zhang. "A Novel Legal Expert Based on Dynamic Fuzzy System in Manipulating Property Division upon Divorce." Advanced Materials Research 664 (February 2013): 1114–21. http://dx.doi.org/10.4028/www.scientific.net/amr.664.1114.
Full textAbstract:
Legal expert system is an important research topic both in law research and computer science. This paper proposes a novel model for property division, which adopts latest marital law of PRC and dynamic fuzzy theory. Firstly, all up-to-dated clauses involved with property distribution in divorce were quantified to obtain related set elements. Then the dynamic fuzzy theory was applied to construct a membership function to calculate the weight of set elements. Ultimately， the appropriate degrees are calculated by optimum model. By testing, property division legal expert dynamic fuzzy system could consider questions scientifically, comprehensively and effectively.
45
Reilly, Kimberley A. "Wronged in Her Dearest Rights: Plaintiff Wives and the Transformation of Marital Consortium, 1870–1920." Law and History Review 31, no. 1 (February 2013): 61–99. http://dx.doi.org/10.1017/s0738248012000703.
Full textAbstract:
In 1871, Mary Ann Harlan brought an unprecedented suit against her neighbors, Elliot and Mary Clark, before the Superior Court of Cincinnati. She alleged that they had “wrongfully and maliciously enticed away” her husband, Robert Harlan, from their home, thus depriving her of Robert's “society, protection, and support.” The common law had long given husbands the right of action to sue third parties who enticed away, harbored, alienated the affections of, or seduced their wives. In these types of marital torts, a husband sought damages for the loss of his wife's “consortium,” a term that expressed his property in her services and society. At the time of Mary Ann's suit, however, wives had no such reciprocal right. In part, this was an outcome of the common law doctrine of marital unity, or coverture, under which a wife's legal identity was merged into that of her husband upon marriage. Unable to sue or be sued, she had to be joined by him in a legal action. Courts were hardly amenable to the idea of allowing husbands to join in suits involving their own marital transgressions, where they would stand to profit from their misdeeds if any damages were awarded. More fundamentally, however, the limitation of wives' access to legal remedies was an expression of the hierarchical nature of marital unity. No less an authority than eighteenth-century English jurist William Blackstone, the most influential expositor of the common law, put the reason plainly: “the inferior hath no kind of property in the company, care, or assistance of the superior, as the superior is held to have in those of the inferior; and therefore the inferior can suffer no loss or injury.” According to this theory, a wife was not barred from bringing such a suit simply because of her legal disabilities under coverture; as a subordinate in the marriage relation, she lacked any reciprocal claim to her husband's society. Mary Ann's case, then, hinged on whether she had the right to bring her suit.
46
Ranđelović, Dragana, and Irina Šolaja. "Common Law-Marriages in Regulations of the States of the Former Yugoslav Republic // Vanbračne zajednice u propisima država bivše SFRJ." Годишњак факултета правних наука - АПЕИРОН 9, no. 9 (October 14, 2019): 215. http://dx.doi.org/10.7251/gfp1909215r.
Full textAbstract:
A marital union can be defined as a community of two faces of a different sex, which ends informally and in the same way ends. The authors will analyze the regulation of the constituent elements of the extramarital community in the countries of the former Socialist Federal Republic of Yugoslavia, as well as the possibility of inheriting extra-marital partners in the observed countries of the region. Since the beginning and termination of the extramarital community is not accompanied by any form, in practice it shows certain deficiencies and weaknesses. By introducing the registration of extramarital communities, numerous problems in practice will be solved, starting from proving the existence of an extramarital community, the commencement and termination of it, the establishment of the joint or special property of extra-marital partners and other legal consequences that may arise out of these circumstances.
47
Kubinjec, Janko. "Marriage." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 59–73. http://dx.doi.org/10.5937/gakv0602059k.
Full textAbstract:
Marriage is the only legal concept related to persons regulated by the civil law, since the civil law deals primarily with objects. Historically, marriage developed from the most personal type of slavery to marriage understood as freedom. By entering into the marital agreement the spouses abolish their own legal entity and all legal relations based on marriage as such. Spouses' legal entity will be reestablished at the time of termination of marriage. At the time of entering into marriage the spouses eliminate the possibility of internal legal relationship, while on the other hand, the new, specific legal relationship will be established when their children are born. The property relations are considered as a transition from marital to civil law.
48
BONFIELD, LLOYD. "Seeking connections between kinship and the law in early modern England." Continuity and Change 25, no. 1 (May 2010): 49–82. http://dx.doi.org/10.1017/s026841601000010x.
Full textAbstract:
ABSTRACTThis article observes the ways in which the law mediated kinship relations in early modern England in three contexts: inheritance, marital property law, and provisions for the financially distressed. An enquiry into statutory law adopted during the period indicates that Parliament was not active in legislating in the area of family law. The courts, however, were actively involved in determining the validity of property settlements, thereby setting their temporal bounds. Both the jurisprudence and the settlements themselves illustrate that families became more interested in providing maintenance within the nuclear family (for children and widows) than they were in fostering patrilineal continuity. Likewise, an obligation to support financially needy kin was required from only a relatively small universe of family members.
49
Laka, Iskandar. "KEDUDUKAN HARTA PERKAWINAN SETELAH PERCERAIAN DITINJAU DARI KOMPILASI HUKUM ISLAM." Res Judicata 2, no. 2 (November 26, 2019): 288. http://dx.doi.org/10.29406/rj.v2i2.1750.
Full textAbstract:
The definition of property in marriage according to Law Number 1 of 1974 concerning marriage is abbreviated (Law No. 1 Year 1974) in Article 35 states that the property obtained in marriage becomes a joint asset, while the subordinate assets of each husband or wife and property acquired by each husband or wife as a gift or inheritance under their respective supervision insofar as the parties do not determine otherwise. According to Article 37 of Law Number 1 Year 1974 concerning abbreviated marriage (Law No. 1 Year 1974), it is explained that: "If marriage breaks out due to divorce, joint assets are regulated according to their respective laws, while for legal matters this marriage property often gets less attention in a marriage. The law of marital property has only recently received attention after a dispute between husband and wife who have broken up in marriage, so that in order to solve the problem of the marriage property an institution which is in it is needed to solve the problem, namely the Religious Court.
50
Khosyi’ah, Siah. "Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia." Al-Manahij: Jurnal Kajian Hukum Islam 11, no. 1 (February 22, 2018): 35–48. http://dx.doi.org/10.24090/mnh.v11i1.1266.
Full textAbstract:
The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.