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Relevant bibliographies by topics / Marital property (Roman law)

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

Author: Grafiati

Published: 4 June 2021

Last updated: 17 February 2022

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

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Krešić, Boris, and Ervina Halilović. "PROPERTY RELATIONS OF MARITAL PARTNERS THROUGH THE HISTORY OF BOSNIA AND HERZEGOVINA." Journal Human Research in Rehabilitation 7, no. 2 (September 2017): 106–17. http://dx.doi.org/10.21554/hrr.091712.

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The institutes of contemporary family law are rooted in Roman law, including the property relations of marital partners. From the historical perspective, the property-legal relations of marital partners in Bosnia and Herzegovina (BiH) were subject to religious regulations and the rules of the General Civil Code and Family Law of the Socialist Republic of Bosnia and Herzegovina. The article analyzes the solutions applied during the Roman, the Ottoman, and the AustroHungarian rule as well as the solutions included in the currently valid Basic Law on Marriage and Family Laws in BiH. The authors focus on the development of family law in terms of property relations of marital partners and provide historical-legal overview of the development of family law from the absolute power of pater familias to the full equality of marital partners.

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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.

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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.

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Clark, Simon. "Law, Property, and Marital Dissolution." Economic Journal 109, no. 454 (March 1, 1999): 41–54. http://dx.doi.org/10.1111/1468-0297.00415.

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

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Stefanović, Nenad. "The concept of property in Roman law." Pravo - teorija i praksa 35, no. 7-9 (2018): 17–29. http://dx.doi.org/10.5937/ptp1806017s.

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Stefanović, Nenad. "Original acquisition of property in Roman law." Pravo - teorija i praksa 35, no. 10-12 (2018): 46–58. http://dx.doi.org/10.5937/ptp1812046s.

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Kisil, V., and A. Pashynskyi. "CONFLICT OF LAW RULES ON MARITAL PROPERTY RELATIONS IN UKRAINE: THEORY AND PRACTICE." Actual Problems of International Relations, no. 137 (2018): 48–57. http://dx.doi.org/10.17721/apmv.2018.137.0.48-57.

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This article is about the theoretical and practical aspects of conflict of law regulation of marital property relations under the Law of Ukraine “On Private International Law”. Inter alia, the paper deals with the possibility of the choice of law applicable to prenuptial contracts and marital property relations as well as the conflict of law rules applicable to property consequences of marriage in the event of absence of the choice of law. The author analyses the limitations to applying the principle of autonomy of will in marital property relations, the correlation between legal concepts of “marital property relations” and “legal consequences of marriage” and the possible forms of performing lex voluntatis. With a view to protecting the interests of the child and the weaker party in a marriage, the author proposes amendments to para 1 of Art. 61 of the Law, pursuant to which the law chosen by the parties must not impair the standing of the child or one of the spouses as compared to the law to be applied to property consequences of marriage in the event of absence of a choice of law. The paper also focuses on the overview of relevant Ukrainian court practice regarding the application of the Law during proceedings on marital property relations with a foreign element.

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Sanders, Anne. "PRIVATE AUTONOMY AND MARITAL PROPERTY AGREEMENTS." International and Comparative Law Quarterly 59, no. 3 (July 2010): 571–603. http://dx.doi.org/10.1017/s0020589310000230.

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AbstractAfter the Court of Appeal decision in Radmacher v Granatino, the question whether English law should introduce enforceable pre-nuptial or marital property agreements came into focus again. Taking the decision as a starting point, the article argues in favour of introducing such agreements. Adopting a comparative approach, the article explains how such agreements are used in Germany and demonstrates that the idea of private autonomy, which has been regarded as the basis of pre-nuptial property agreements in Germany since the 19th century, can explain why couples should be allowed to make their own decisions with respect to the financial consequences of the breakdown of their relationship. Analysis of the different notions of contract in German and English law as well as comparing marriage with partnerships and other long-term contractual relationships illustrates not only the historical reasons why such agreements have not been allowed so far, but also helps to understand what safeguards the legislator and the judiciary could apply to ensure that parties do not abuse their freedom.

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Lee, Daniel. "Private Law Models for Public Law Concepts: The Roman Law Theory of Dominium in the Monarchomach Doctrine of Popular Sovereignty." Review of Politics 70, no. 3 (2008): 370–99. http://dx.doi.org/10.1017/s0034670508000557.

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AbstractThe essay traces the juridical origins of the modern doctrine of popular sovereignty as developed by the monarchomach jurists of the late sixteenth century. Particularly, the use of doctrines from the Roman law of property explains the sovereign right of the people to resist and reconstitute the commonwealth. Reviving the civilian concept of dominium during the French Wars of Religion and dynastic royal politics, these radical jurists articulated the claim that the people, not kings, have property rights over the commonwealth. By conceptualizing the people corporately as property-owners in this way, they were able to draw on legal arguments from Roman law to justify popular resistance as an assertion of a corporate property right. In doing so, the monarchomachs expressed an elaborate theory of state and sovereignty within the grammar of the Roman private law.

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Marinenko, Olga. "PROTOTYPES OF PROPERTY COMPLEXES IN ROMAN PRIVATE LAW." Journal about Law 2, no. 3 (May 9, 2014): 15–18. http://dx.doi.org/10.15727/2313-6715.2014.2.3.15-18.

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Dissertations / Theses on the topic "Marital property (Roman law)"

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

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Miles, Deri Pode. "Forbidden pleasures : sumptuary laws and the ideology of moral decline in Ancient Rome." Thesis, University College London (University of London), 1987. http://discovery.ucl.ac.uk/1141131/.

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This thesis investigates two important and related aspects of Roman history during the period 217 B.C. - A.D. 70. Salient types of social legislation, in particular the leges sumptuariae, funerariae, aleariae, marital and sexual laws and magisterial edicts, form one element of the inquiry. The reasons for, and the extent of, the public regulation of the personal expenditure and private behaviour of citizens are explored under the changing political circumstances of the period. Another concern is to analyse the development of a prominent theme in the classical writers and historians, namely, the perspective of moral decline. The deep-rooted and pervasive pessimism evident in the historiographical tradition during a period of exceptional prosperity and imperial expansion is critically examined. The interaction between law and morality is a principal focus of this thesis. In chapter 1 (10-30), the general themes of the work are introduced. A review of the relevant scholarly literature is followed by a brief exposition of my methodology and objectives (11-13). Then a chronological survey of the important social regulations passed during the Republic and early Principate is provided (13-17). Chapter 2 (31-72) probes the ways in which legal enactments were presented both within governing circles and to the populace at large. The public interest was frequently invoked. Paternalistic concern, it is argued, was often advanced for that which was essentially self-regarding (31-36). A succinct account of the debate on decline in classical authors leads to a consideration of the mos maiorum (ancestral custom) and the role of myth in Roman historiography (36-46). The contemporary dispute between liberal and radical scholarship on the nature and function of law in society is summarized (46-50). In Ancient Rome, it is contended, the governing order's preferential access to the channels of public discussion was of decisive importance. It facilitated the expression of an ideological perspective which served to promote widespread acceptance of its legislative needs, as is exemplified by the passage of sumptuary controls so necessary for the well-being of the senatorial aristocracy in the second century B.C. (50-52). The socio-economic significance of Roman sumptuary laws is examined in chapter 3 (73-163). The main discussion is prefaced by a typology of sumptuary laws, designed to account for the existence of expenditure restraint in widely differing political systems (73-75). The inquiry proceeds, firstly, to investigate those regulations (esp. the iura and 1eges theatrales) which had a direct bearing on the structure of Roman society and, then, to explore the complexity of problems that the maintenance of this formal framework entailed for the authorities in periods of rapid social and economic change. A consideration of powerful social pressures and forces such as envy, emulative consumption and mobility, is complemented by a discussion of the diverse strategies employed by the Roman authorities to uphold hierarchical distinctions (75-107). Profit-capping, price-fixing, monopolies and rationing form diverse topics of an inquiry into the economic objectives of sumptuary restraint (108-119), Status requirements and the spiralling cost of political competition are held to account tor the divorce between the attitudes and practice of the members of the governing order with regard to luxus and Hellenistic practices (119-128). A detailed inspection of the sumptuary legislation passed during the Republic provides the core or chapter (164-210). The laws are assessed under separate categories, e.g. leges de sumptibus et de luxu mensae, funerariae, de habitu et tuitu, viariae (164-182). The techniques by which the aristocracy endeavoured to preserve cohesion amongst its ranks and thus to uphold its collective rule are scrutinized 182-2. In chapter 5 (211-259), attention is focused on how the Roman authorities attempted to compel obedience to these measures. The operation of extra-legal constraints is discussed c 211-2l4). A hypothesis of the development of Roman criminal law from its origins through to the early Principate is advanced with particular emphasis on the significance of senatorial participation in the juridical process and on the need to define accurately the competency of individual magistracies (214-239). The use of private informers (quadruplatores in the Republic, delatores in the Empire) is critically assessed (239-243). In chapter 6 (260-288), opinions and actions at variance with the conservative orthodoxy on historical development are evaluated. Resistance to sumptuary restraint surfaced in a variety of ways: in the formal abrogation of a measure; in technical dodges; in outright defiance (260-268). The ambivalences between publicly expressed ideals of conduct and actual practice came to a head in the adjudicative processes of the court. The mechanisms of forensic practice served to provoke maturer reflections on social change (269-273). Roman attitudes towards change are surveyed. It is argued that divergent opinions on ancestral tradition and on the propriety of innovation were often advanced in opposition to overzealous attempts at sumptuary restraint or in pursuit of specific political goals (269-279). Chapter 7 (289-329) concludes the work with a historical appraisal of the coincidence between the passage of sumptuary legislation and the debate on moral decline. Three major developments in the functioning of this coincidence are outlined: (1), its use as a regulatory device by the senatorial aristocracy from the early 2nd century B.C. onwards; (2), its use as a crucial source of legitimation by the aspiring politician-generals of the 1st century B.C.; (3), its use as a key disciplinary tactic by the imperial regimes from Augustus onwards (289-307). Finally, serious governmental incursions into central areas of social life during the early Principate - the suppression of criticism, legal scrutiny of knowledge and belief, restrictions on assemblage - are examined, and interpreted as evidencing the autocratic tendencies of the period (308-315). Four short appendices follow (330-361): the first outlines the major theories of decline (330-333): the second explores the terminology of inequality (334-339; the third surveys the major perspectives on social change (340-342); the fourth documents the manifestations of luxury in Roman society (343-361).

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

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

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

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Schulze-Ueding, Burkhard. "Zuwendungen von Ehegatten und Dritten im Verhältnis zum gesetzlichen Güterstand /." Münster [u.a.] : Lit, 2002. http://www.gbv.de/dms/sbb-berlin/345481046.pdf.

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

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Hermaratne, Tissa Siri Kumara. "Intellectual property law and e-commerce in Sri-Lanka : towards a jurisprudence based on constitution, Roman-Dutch law and Buddhist principle." Thesis, Queen Mary, University of London, 2005. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1774.

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Modem developments in technology, connnerce and the cultural industries pose problems for intellectual property in Sri Lanka, as everywhere. Case law may be used for judicial guidance but there are comparatively few reported cases from the Sri Lankan courts. By examining Sri Lanka's juridical history and Constitution, together with constitutionally recognised Buddhist principles, it is possible to suggest further sources of guidance for judges. Using the proposed framework, it may be possible for the judges to apply existing law to new situations and avoid the need for constant legislative change in an attempt to keep up with developments and comply with Sri Lanka's international obligations. The extent to which such guidance may be useful is explored by looking at specific issues, which have caused difficulty in other jurisdictions. It is hoped that the proposed techniques could be used to build up a body of Sri Lankan jurisprudence. Ms may prove more stable and effective than incremental legislation. 'Status juris - 'Mis study (unless otherwise stated) based on material available as at 0 1.12.2004 and the law in force on that date.

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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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Silvestrova, E. V. "The servitude as a model for the unitary concept of property rights : a comparative analysis of servitudes and easements in Roman law, Russian law and English law." Thesis, University of Essex, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.438256.

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

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

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

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Favor dotis: Die Privilegierung der Mitgift im System des römischen Rechts. Wien: Böhlau, 2009.

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

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

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

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

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

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

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

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

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

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

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Domingo, Rafael. "Property law." In Roman Law, 144–61. Abingdon, Oxon ; New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781351111478-9.

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

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

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

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Mousourakis, George. "The Law of Property." In Fundamentals of Roman Private Law, 119–82. Berlin, Heidelberg: Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-29311-5_3.

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Emmett, Arthur R. "Roman Law, Private Property and the Public Domain: Lessons for Copyright Policy." In Copyright Perspectives, 17–27. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-15913-3_3.

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van der Merwe, Cornelius G. "The Practical Application of Roman Law Principles Relating to the Acquisition of Movable Property by accessio and specificatio in Modern South African and Scots Law." In „Messages from Antiquity“, 43–62. Köln: Böhlau Verlag, 2019. http://dx.doi.org/10.7788/9783412514518.43.

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

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

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

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

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

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Allegranti, Ivan. "PROPERTY LAW: CASE STUDIES AND JURISPRUDENTIAL PROBLEMS IN RELATION TO THE WORLD OF JEWELS DURING THE ANCIENT ROMAN ERA." In 6th SWS International Scientific Conference on Arts and Humanities ISCAH 2019. STEF92 Technology, 2019. http://dx.doi.org/10.5593/sws.iscah.2019.2/s01.008.

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Noneva-Zlatkova, Yordanka. "PROTECTION OF CREDITORS’ RIGHTS IN THE CONTEXT OF AN EVOLVING INVESTMENT ENVIRONMENT UNDER EU LAW." In 4th International Scientific Conference – EMAN 2020 – Economics and Management: How to Cope With Disrupted Times. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/eman.2020.179.

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In the post-global economic and financial crisis, Europe is suffering from significantly low levels of investment. This applies both to national level in the individual Member States and to those with a supranational scope. For this reason, the EC tried to stimulate the development of any investment initiative through the Juncker Plan, which is based on three pillars: the European Fund for Strategic Investments, the European Investment Advisory Center and the European Investment Projects Portal, and third, improving the business environment by removing regulatory barriers to investment at national and European level. Policies in this direction will continue and build on over the period 2021-2027 through the InvestEU program, which aims to continue to support increased investment, innovation and job creation in Europe. The process of implementation of each such initiative directly affects the individual legal and natural persons as investors who enter different bond relations, which have both national and international dimension. The development of new investment products and instruments would be unthinkable without the Bank’s involvement as a major creditor in the implementation of investment projects. This fact shows that it is necessary to examine the legal guarantees for the protection of creditors in these relationships in case of possible threat the debtor to damage the creditor in case of unfavourable development of the respective investment initiative. This paper will justify the significance and the peculiarities of Paul’s claim as a means of protecting creditors in the context of a developing EU investment environment and its legal framework. This method of preventing the decline of the asset and / or the increase of the liability of the debtor’s property is characterized by extreme persistence over time as a legal institution that originated in the Roman era and has survived to the present without losing its significance.

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