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Journal articles on the topic 'Prenuptial agreements (Samaritan law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 28 July 2025

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1

Handayani, Wiwid Putri, and Diana Tantri Cahyaningsih. "Marriage Agreement on Common Property in Marriage (Comparative Study of Indonesia and The United States)." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 6, no. 2 (2024): 311–24. http://dx.doi.org/10.37680/almanhaj.v6i2.4617.

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This article compares Indonesia and the United States to discuss a prenuptial agreement for joint marital assets. Indonesia adheres to a civil law legal system by basing prenuptial agreement on Article 29 of the Marriage Law. Meanwhile, the United States, which adheres to a standard legal system, implements the Uniform Premarital and Marital Agreements Act (UPMAA). The research method used in this writing is legal research with a statutory approach and a comparative approach. The results of this research are the reasons for making a prenuptial agreement, among others, because the agreement wil

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Muttaqin, Muhammad Ngizzul, and Miftah Rosadi. "Perlindungan Perempuan Melalui Perjanjian Pra Nikah (Respon Terhadap Isu Hukum dan Gender)." Al-Maiyyah : Media Transformasi Gender dalam Paradigma Sosial Keagamaan 13, no. 1 (2020): 51–63. http://dx.doi.org/10.35905/al-maiyyah.v13i1.709.

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Facing problem and misunderstanding in family becomes a necessity and humane. The goal of harmonious and happy family is a necessity and an order from the law. One of the mandates given by the law in order to overcome problems in the household is the “marriage agreement”. In the contemporary era, marriage agreements are needed in order to protect the interests of women. Where women in contemporary gender issues have the same roles and abilities as men. This study uses descriptive-qualitative analysis through library research, where this paper seeks to reveal the importance of prenuptial agreem

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Buckley, Lucy-Ann. "Autonomy and prenuptial agreements in Ireland: a relational analysis." Legal Studies 38, no. 1 (2018): 164–86. http://dx.doi.org/10.1017/lst.2017.11.

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AbstractUnlike England and Wales, Ireland has not yet moved from the traditional common law rejection of prenuptial agreements. Nevertheless, similar policy concerns continue to be debated in both jurisdictions, particularly regarding the balance between autonomy and fairness concerns, and gender equity. In 2007, an Irish ministerial Study Group recommended limited recognition of prenuptial agreements, foreshadowing similar proposals by the Law Commission for England and Wales in 2014. However, the Irish recommendations were never implemented, despite sustained lobbying. This paper draws on re

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Abdu Salafush Sholihin. "Urgensitas Prenuptial Agreement Kalangan Pasangan Mahasiswa Ditinjau dari Status Hukum dan Kajian Gender: Studi Mahasiswa Magister Ilmu Syariah UIN Sunan Kalijaga Yogyakarta." As-Syar i: Jurnal Bimbingan & Konseling Keluarga 7, no. 1 (2025): 411–30. https://doi.org/10.47467/as.v7i1.7375.

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This research aims to analyze the urgency of prenuptial agreements among student couples from the perspective of positive law and gender studies. The research uses a normative-empirical juridical approach with data collection methods through interviews and literature studies. The results show that prenuptial agreements have an important role in providing legal protection for the rights and obligations of married couples, especially in regulating the division of assets, dealing with issues of infidelity, domestic violence, and preventing polygamy. From a gender perspective, this agreement is al

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Asmarani, Abiyyah Indi, Trinas Dewi Hariyana, Moch Wachid Hasyim, and Muhammad Ayman Al-Akiti. "Prenuptial Agreement Between Indonesia and South Korea Regulations." Jurnal Kajian Pembaruan Hukum 4, no. 2 (2024): 269. https://doi.org/10.19184/jkph.v4i2.52092.

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This study examines the legal frameworks governing prenuptial agreements in Indonesia and South Korea, offering a comparative analysis between a developing and a developed nation in Asia. It explores cultural and societal attitudes that shape perceptions of such agreements in both jurisdictions. In South Korea, prenuptial agreements are also widely used. However, South Korea has one of the world’s lowest fertility rates, partly due to a declining interest in marriage. The research aims to evaluate regulatory frameworks, their impact on property arrangements, and the key similarities and differ

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Yosephine, Yolanda, and Dwi Aryanti Ramadhani. "The Principle of Balances in Prenuptial Agreements to Protect the Rights of Future Spouses." International Journal of Science and Society 6, no. 4 (2024): 460–67. https://doi.org/10.54783/ijsoc.v6i4.1352.

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The prenuptial agreement is regulated under Article 29 of Law Number 1 of 1974. This agreement is made either during or before the marriage takes place. The prenuptial agreement must be made and legalized in the presence of a lawyer or notary, and then ratified by the Religious Affairs Office (KUA) or Civil Registration Office. The research method used in this study is a normative juridical approach, focusing on issues within the scope of prenuptial agreement. The principle of balance is crucial to emphasize in order to ensure equality between the rights and obligations of the parties involved

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Yulia Ardana, Shindi, Yudho Taruno Muryanto, and Erna Dyah Kusumawati. "The Legal Position Of Marriage Agreements Regarding Land Rights In Mixed Marriages In Indonesia." International Journal of Educational Research & Social Sciences 5, no. 6 (2024): 1049–60. https://doi.org/10.51601/ijersc.v5i6.901.

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The purpose of this article is to analyze the legal position of prenuptial agreements in mixed marriages regarding land rights. The type of research used is normative legal research that investigates the systematics of law. This systematic legal research is conducted on laws and regulations or laws that are in accordance with the topic raised. The results of the study indicate that making a prenuptial agreement for the separation of property in mixed marriages is an effective way to resolve cases related to land rights in mixed marriages. Settlement of land ownership disputes in mixed marriage

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Busari, Saheed Abdullahi. "NUPTIAL AGREEMENT IN MUSLIM MARRIAGE: A JURISTIC ANALYSIS." Jurnal Fiqh 21, no. 1 (2024): 1–18. http://dx.doi.org/10.22452/fiqh.vol21no1.1.

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The nuptial agreement is been gaining attraction in the Muslim environment in recent times because of the assumed benefit to protect either of the marital partners in the advent of divorce or separation. Prenuptial clauses usually take effect immediately after marriage consummation and every party can lay claim to the agreement in the event of a breach of agreement while postnuptial agreements are clauses agreed upon during the marriage period. Although there are complaints that Muslims from Western and non-Islamic societies might need prenuptial agreement in the place of khulʼ (redemption) to

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Marston, Allison A. "Planning for Love: The Politics of Prenuptial Agreements." Stanford Law Review 49, no. 4 (1997): 887. http://dx.doi.org/10.2307/1229339.

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Saraçi, Aida, and Blendi Himçi. "Autonomy in balance: Prenuptial agreements between contractual freedom and family law." Multidisciplinary Science Journal 7, no. 12 (2025): 2025663. https://doi.org/10.31893/multiscience.2025663.

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Prenuptial agreements serve as a legal instrument for the preliminary regulation of property relations between spouses, reflecting the principle of contractual autonomy in family law. This study aims to analyze the recognition and functioning of this institution within the Albanian legal system, specifically under the Family Code and Civil Code, as well as the challenges encountered in its practical implementation. Employing a doctrinal, normative, and comparative methodology, the study examines existing legal gaps, limitations on the exercise of contractual autonomy, and the need for protecti

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Ketevan Kukhianidze, Nino Kitoshvili, and Tamila Khurtsidze. "Legal and psychological challenges of prenuptial agreements in Georgia: An analytical overview." World Journal of Advanced Research and Reviews 26, no. 2 (2025): 2392–400. https://doi.org/10.30574/wjarr.2025.26.2.1838.

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In the modern world, the institution of the prenuptial agreement occupies a significant place in both private law and the system of regulating social relations. The introduction of relevant provisions into the Civil Code of Georgia in 1997 established a legal foundation for the formal regulation of property relations between spouses. Nevertheless, the practical application of this institution remains extremely limited in Georgia. This study combines legal, comparative-legal, and psycho-social analyses and aims to provide a comprehensive assessment of the existing regulations and barriers relat

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Indira, Anne Graciela, and Dinaomi Romauli Meylina. "Asset Protection through Prenuptial Agreements: A Family Law Perspective in the Modern Era." Jurnal Indonesia Sosial Sains 6, no. 6 (2025): 2027–38. https://doi.org/10.59141/jiss.v6i6.1736.

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Amid the dynamics of modern social and economic life, marital agreements have become increasingly relevant, especially for young couples who begin building their careers and assets at an early stage. This study aims to examine the urgency of marital agreements from the perspective of Indonesian positive law and to analyze the prevailing social responses within society. Using a juridical-sociological approach, the research reviews the provisions in the Indonesian Civil Code, the Marriage Law, and the Constitutional Court Decision No. 69/PUU-XIII/2015, which allows for postnuptial agreements. Ad

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Antón Juarez, Isabel. "Acuerdos prematrimoniales en previsión de ruptura matrimonial: el test conflictual y material a tener en cuenta para que un acuerdo prematrimonial supere una revisión judicial ante tribunales españoles = Premarital agreements in anticipation of marital breakdown: the conflictual and material test to take into account so that a prenuptial agreement passes a judicial review before Spanish Courts." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 1 (2019): 82. http://dx.doi.org/10.20318/cdt.2019.4615.

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Resumen: Los acuerdos prematrimoniales internacionales en previsión de ruptura son acuerdos cada vez más utilizados. Sin embargo, su frecuencia no hace que sean acuerdos fáciles a la hora de su ejecución. Esta situación suele tener lugar porque tras la ruptura uno de los cónyuges no suele estar de acuerdo con lo establecido años atrás en el acuerdo prematrimonial. En el caso de que el peor escenario se plantee y sea necesario acudir a los tribunales, es importante tener en cuenta qué aspectos o requisitos son importantes para que el acuerdo supere una revisión judicial. Estos requisitos se van

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Mafra, Tereza Cristina Monteiro, and Rafael Baeta Mendonça. "Prenuptial Agreement: Provisions on Alimony and Patrimony Penalties in Case of Divorce." REVISTA INTERNACIONAL CONSINTER DE DIREITO 15, no. 15 (2022): 507–26. http://dx.doi.org/10.19135/revista.consinter.00015.25.

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The present study aims to analyze the content limits of the prenuptial agreement, notably by approaching the existing dichotomy between private autonomy versus state interference in Family Law. Under this approach, it is intended to verify whether the aforementioned pact could include (i) a provision that deals with alimony; and (ii) inclusion of property penalties due by one spouse to the other in case of rupture of the marital relationship. There are few scientific works that address the specificities and controversies of the institute in the Brazilian legal system. In addition, research sho

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Linh, NGUYỄN THỊ MỸ. "Marital Agreements in Vietnam from 1858 until Now." DÍKÉ 5, no. 1 (2021): 150–61. http://dx.doi.org/10.15170/dike.2021.05.01.10.

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

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Ulya Shafa Firdausi, Dian Rosita, Arina Novitasari, and Maslikan Maslikan. "Harta Benda dalam Perkawinan." Politika Progresif : Jurnal Hukum, Politik dan Humaniora 1, no. 4 (2024): 233–44. https://doi.org/10.62383/progres.v1i4.1372.

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Marriage is a physical and spiritual bond between a man and a woman, aimed at forming a happy and lasting family. In marriage, property plays a crucial role and is legally classified as either joint property or personal property, as regulated in Law No. 1 of 1974 and the Compilation of Islamic Law (KHI). However, property ownership often becomes a source of conflict, sometimes leading to divorce.The legal status of property after divorce depends on the applicable legal framework, whether Islamic law, customary law, or the Civil Code (KUHPerdata). To prevent disputes, couples may establish a pr

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17

Rohmadi, Rohmadi, Muadil Faizin, R. Dedy Chairil Zain, Yenni Samri Juliati Nasution, and Suhardiman Suhardiman. "Optimizing Prenuptial Agreements for Asset Protection: A Maqashid Sharia Based Approach." Al-Istinbath: Jurnal Hukum Islam 9, no. 2 (2024): 411–34. https://doi.org/10.29240/jhi.v9i2.11064.

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This research aims to explore the optimization of PNAs for asset protection by integrating the principles of maqashid sharia, which emphasize the protection of religion, life, intellect, progeny, and wealth. The high divorce rates in Indonesia, mainly due to online gambling, highlight the vulnerability of asset protection at the beginning of marriage and underscore the importance of prenuptial agreements (PNAs). This research uses a qualitative approach with normative juridical analysis methods. Secondary data was obtained through critical analysis of related literature, including the Indonesi

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18

Fadillah, Rahmat Fadillah, and M. Beta Subehi. "Perjanjian Pranikah untuk Tidak Selingkuh Perspektif Hukum Islam di Indonesia." Interdisciplinary Explorations in Research Journal 2, no. 2 (2024): 712–26. http://dx.doi.org/10.62976/ierj.v2i2.531.

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The more advanced human civilization becomes, the more problems occur among humanity. One of the problems that arise is related to relationships between people. Trust issues are a hot topic being discussed nowadays, including in husband-wife relationships. Trust issues influence prospective husbands or wives to enter into prenuptial agreements. The contents of the agreement are about the prohibition of cheating, as was done by artist Via Vallen and her husband Chevra Yolandi. They made this agreement so that each of them would think again about committing cheating because there were consequenc

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Ambrus, Attila, Erica Field, and Maximo Torero. "Muslim Family Law, Prenuptial Agreements, and the Emergence of Dowry in Bangladesh*." Quarterly Journal of Economics 125, no. 3 (2010): 1349–97. http://dx.doi.org/10.1162/qjec.2010.125.3.1349.

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20

Oktaber, Yulius. "IMPLEMENTATION NATIONAL AGREEMENTS IN THE DIVISION OF COLLECTIVE PROPERTY IN THE TIME OF DIVORCE." Indonesia Private Law Review 4, no. 1 (2023): 23–34. http://dx.doi.org/10.25041/iplr.v4i1.2945.

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This research was conducted to find out the agreement made by the husband and wife before the marriage takes place which is called the marriage agreement or prenuptial agreement which regulates the separation of assets. The joint assets that are formed in marriage are from the time the marriage takes place until the date the marriage bond is broken. Furthermore, based on Article 38 of Law no. 16 of 2019 stipulates that marriages can be dissolved due to: death; divorce; and by court decision. This study uses the Normative Juridical legal research method, whose approach is carried out by examini

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NASHERI, H. "PRENUPTIAL AGREEMENTS IN THE UNITED STATES: A NEED FOR CLOSER CONTROL?" International Journal of Law, Policy and the Family 12, no. 3 (1998): 307–22. http://dx.doi.org/10.1093/lawfam/12.3.307.

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Christian Simarmata, Thesalonica, and Sri Subekti. "Perlindungan Hukum Pemisahan Harta Pasca Perkawinan jika Terjadi Kepailitan pada Suami Istri." Ranah Research : Journal of Multidisciplinary Research and Development 6, no. 6 (2024): 2775–82. http://dx.doi.org/10.38035/rrj.v6i6.1152.

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This research was made because there are still many people who do not understand the marriage agreement for separation of assets. Especially for people who enter into reciprocal agreements between creditors and debtors, where there are still people who are married debtors who do not have marriage agreements to separate assets. Bankruptcy occurs due to several factors, both individual and individual. A person is declared bankrupt if it is based on a commercial court decision which has direct legal consequences. One of them is the legal impact of a bankruptcy decision on the assets of a husband

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Kha, Henry. "Prenuptial Agreements and the Presumption of Free Choice: Issues of Power in Theory and Practice." King's Law Journal 29, no. 2 (2018): 328–30. http://dx.doi.org/10.1080/09615768.2018.1502389.

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Terradas, Beatriz Añoveros. "Jurisdiction Clauses in International Premarital Agreements: A Comparison Between the US and the European System." European Review of Private Law 26, Issue 4 (2018): 537–77. http://dx.doi.org/10.54648/erpl2018036.

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Abstract: Society moves fast and constantly. Despite the persistence of gender roles in marriages, other factors including heightened job market access and economic independence for women, as well as greater bargaining power in marriage and the evolution of no-fault divorce, have increased the role of party autonomy in family matters – and therefore, caused a shift in the complex debate between state policy interest in family matters and individual private autonomy. As a consequence of these significant societal changes, there has been an increased use of premarital agreements in contemplation

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Serrano, Katharina Anna. "Economic partnership agreements: Machiavellian instruments of EU trade policy or Samaritan development tools?" International Journal of Private Law 2, no. 3 (2009): 290. http://dx.doi.org/10.1504/ijpl.2009.024144.

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Dailey, Anne C. "Imagination and Choice." Law & Social Inquiry 35, no. 01 (2010): 175–216. http://dx.doi.org/10.1111/j.1747-4469.2009.01181.x.

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Individual choice is a central feature of the psychological portrait drawn by nearly every established school of thought in modern American jurisprudence. Legal scholars are increasingly interested in piercing the conceptual surface of choice to inquire into its actual psychological workings. The study of choice in this emerging behavioral legal scholarship draws primarily from cognitive psychology. This article argues that this important inquiry into choice should be broadened to include modern psychoanalytic ideas about imagination. An example of the importance of a psychoanalytic perspectiv

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Sugih Ayu Pratitis and Rehulina Rehulina. "Keabsahan Perjanjian Pra Nikah dan Akibat Hukumnya Ditinjau dari Perspektif Hukum." JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2, no. 2 (2023): 56–73. http://dx.doi.org/10.55606/jhpis.v2i2.1593.

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. A marriage is an agreement based on personal voluntary agreement between a man and a woman to become husband and wife. In Indonesia, the contract or agreement is called a marriage contract (nuptial agreement or marriage). Pre-nuptial agreement is an agreement made by the prospective bride and groom before the marriage takes place so that it becomes a legal couple. Properly the contract The prenuptial agreement is also binding on both the bride and groom and contains issues of dividing the assets of the two parties or relating to the personal assets of both parties so that they can be separat

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Hayward, Andy. "Prenuptial Agreements and the Presumption of Free Choice: Issues of Power in Theory and Practice." Journal of Social Welfare and Family Law 38, no. 4 (2016): 480–82. http://dx.doi.org/10.1080/09649069.2016.1239600.

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Moran, Katerin, and Elsy Ortega. "Acepto, hasta que el incumplimiento de este contrato nos separe." Revista Justicia y Derecho 1, no. 2 (2015): 72–81. https://doi.org/10.5281/zenodo.833043.

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<strong><strong>Abstract: </strong></strong>Marriage is one of the legal institutions that has evolved the most over time. With the increasing cases of divorce, nowadays the agreements to regulate the legal regime of goods and rights during the marriage are more frequent, which are useful in divorce and even to question the validity of marriage before a judge. Therefore it is interesting to analyze the effects of these prenuptial agreements in Colombia and the limits to the autonomy of the will in these contracts regulated in comparative law, and to review some new aspects of these agreements.

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Anugerahayu, Ayang Afira, and Lalu Panca Tresna D. "IMPLEMENTASI PUTUSAN MAHKAMAH KONSTITUSI NO. 69/PPU-XIII/2015 DALAM PERJANJIAN PERKAWINAN." Ganec Swara 19, no. 2 (2025): 722–31. https://doi.org/10.59896/gara.v19i2.285.

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The implementation of Constitutional Court Decision No. 69/PUU-XIII/2015 concerning prenuptial and postnuptial agreements in Indonesia. Prior to this ruling, marriage agreements could only be made before the marriage took place, as stipulated in Article 29 of Law No. 1 of 1974 and Article 139 of the Indonesian Civil Code. The Constitutional Court's decision marked a legal breakthrough by allowing married couples to enter into a marriage agreement after the wedding, provided it does not violate legal principles or public order. This research employs a normative juridical method with a conceptua

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An’nisa Al Aufia. "Peran Notaris Dalam Pengesahan Perjanjian Pranikah." Deposisi: Jurnal Publikasi Ilmu Hukum 2, no. 2 (2024): 141–50. http://dx.doi.org/10.59581/deposisi.v2i2.3032.

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The role of a notary as a party who has the authority to legalize a marriage agreement in the form of a written agreement, with the intention of converting the marriage agreement into a notarial deed if the parties wish. Recording a prenuptial agreement on a marriage certificate is considered very important because a married couple during the marriage period must have carried out a legal action, if no recording is made, the marriage agreement is only binding for the parties who make it. The method used is a normative legal approach or statutory approach. This paper concludes that: 1) Notaries

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Buccianti, Giovanni Liberati. "Private Autonomy and Family Public Policy in Italy." Białostockie Studia Prawnicze 27, no. 3 (2022): 227–40. http://dx.doi.org/10.15290/bsp.2022.27.03.13.

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Abstract The article deals with the general clause of public policy in Italian family law. It analyses the recent case-law application of both international and internal public policy in the Italian legal system. Nowadays, public policy is used for protecting and developing the fundamental rights of individuals in the EU space. However, the content of this general clause is debated, and there are several theses (e.g. constitutional, discretionary, globalized public policy). Adhering to one concept rather than another has different consequences. Think, for example, of the recognition of double

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Butakova, Yana Sergeevna. "The peculiarities of English civil procedure." Международное право, no. 1 (January 2021): 54–69. http://dx.doi.org/10.25136/2644-5514.2021.1.34795.

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Each year in Russia, hundreds of thousands of agreements are concluded under the jurisdiction of English law, more precisely the law of England and Wales. Hundreds of transactions are structured in accordance with English law, and thousands of prenuptial agreements are concluded in compliance with English law. What is the reason for such high demand for English law? Is English justice better than Russian &ndash; most humane and fair in the world? The aforementioned questions are the subject of this research. The goal is to examine the peculiarities and stages of the English legal procedure

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Shomad, Abd, and Sri Hajati. "Prenuptial Agreement and the Principle of Balanced Justice in the Division of Joint Property in Islamic Marriage Law." Yuridika 40, no. 1 (2025): 129–42. https://doi.org/10.20473/ydk.v40i1.60238.

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The issue of joint property or shared assets (harta gono-gini) is actually a legal area that has not been fully explored, a domain open to ijtihad. The concept of joint property and all its details are not found in the studies of medieval Islamic jurisprudence (fiqh) or classical fiqh. The concepts surrounding joint property have continued to develop and are crucial to be discussed in contemporary studies. The urgent aspect to be researched is the model of managing marital property and the application of the principle of balanced justice in the distribution of marital property within the conte

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Gashimova, Arzu. "Responsibility of spouses for obligations in Azerbaijan." Juridical Sciences and Education 79, no. 79 (2025): 42–49. https://doi.org/10.25108/2304-1730-1749.iolr.2025.79.42-49.

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This study focuses on the legal regulation of spousal obligations under the family law of the Republic of Azerbaijan. The relevance of the topic is determined by the frequent disputes that arise during the division of property and debts between spouses, as well as the necessity to protect the rights of third parties, including creditors. The main objective of the research is to establish legal criteria for classifying obligations as either personal or joint and to develop proposals aimed at eliminating legal uncertainty in this area. The methodology is based on the analysis of current legislat

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Radzyner, Amihai. "JEWISH LAW, STATE, AND SOCIAL REALITY: PRENUPTIAL AGREEMENTS FOR THE PREVENTION OF DIVORCE REFUSAL IN ISRAEL AND THE UNITED STATES." Journal of Law and Religion 33, no. 1 (2018): 61–88. http://dx.doi.org/10.1017/jlr.2018.15.

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AbstractRabbinical courts in Israel serve as official courts of the state, and state law provides that a Jewish couple can obtain a divorce only in these courts, and only strictly according to Jewish law. By contrast, in the Western world, especially the United States, which has the largest concentration of Jews outside of Israel, the Jewish halakha is not a matter of state law, and rabbinical courts have no official status. This article examines critically the common argument that for a Jew committed to the halakha, and in particular for a Jewish woman who wants to divorce her husband, a stat

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Assidik, Ahmad, and A. Qadir Gassing. "TINJAUAN HUKUM ISLAM DAN HUKUM POSITIF TERHADAP PRENUPTIAL AGREEMENT ATAU PERJANJIAN PRA NIKAH." Qadauna: Jurnal Ilmiah Mahasiswa Hukum Keluarga Islam 1, no. 1 (2020): 1–16. http://dx.doi.org/10.24252/qadauna.v1i1.11424.

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AbstrakPerjanjian pra nikah (prenuptial agreement) adalah perjanjian yang dibuat sebelum pernikahan dilangsungkan dan mengikat kedua belah pihak. Perjanjian ini mengatur bagaimana harta kekayaan pasangan suami-istri akan dibagi jika seandainya terjadi perceraian, kematian dari salah satu pasangan. Penelitian ini akan membahas bagaimana pelaksanaan perjanjian ini dilakukan dan bagaimana kedudukannya dalam hukum Islam dan hukum positif. Dalam analisis digunakan penelitian kepustakaan (library research) yaitu suatu penelitian yang datanya berupa teori, konsep pemikiran dan ide. Bahwa hasil analis

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Erfan, Zainul, Sukarni Sukarni, Prof Dr H. M. Hanafiah, M.Hum,, and Dr Ahmad Muhajir, M.A. "Hukum Perkawinan Adat Banjar : Menelisik Kebiasaan Masyarakat Banjar dalam Praktek Perkawinan." Interdisciplinary Explorations in Research Journal 2, no. 2 (2024): 727–53. http://dx.doi.org/10.62976/ierj.v2i2.554.

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Abstract The more advanced human civilization becomes, the more problems occur among humanity. One of the problems that arise is related to relationships between people. Trust issues are a hot topic being discussed nowadays, including in husband-wife relationships. Trust issues influence prospective husbands or wives to enter into prenuptial agreements. The contents of the agreement are about the prohibition of cheating, as was done by artist Via Vallen and her husband Chevra Yolandi. They made this agreement so that each of them would think again about committing cheating because there were c

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Petersen, Bent, and Kim Østergaard. "Reconciling contracts and relational governance through strategic contracting." Journal of Business & Industrial Marketing 33, no. 3 (2018): 265–76. http://dx.doi.org/10.1108/jbim-09-2016-0223.

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Purpose In an industrial marketing context of manufacturer–distributor collaboration, this law and economics paper aims to contrast two approaches to contracting: conventional and strategic. Design/methodology/approach Based on relational rent theory, this paper provides an analytical framework for juxtaposing conventional and strategic contracting. A contingency approach is applied to formulate propositions as to when conventional versus strategic contracting is preferable. Findings The distinction between conventional and strategic contracting has implications as to whether relational govern

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Acquarone, Lorenza. "The Indian Contract Act — background and case law." Pravovedenie 68, no. 1 (2024): 26–36. http://dx.doi.org/10.21638/spbu25.2024.102.

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This article aims to illustrate the background and the case law of the Indian Contract Act, enacted in 1872. It also tries to provide a comparison between the law introduced in India and the model which is the English Common Law of Contract based on the English law of the time. Indeed, the provisions contained in the Indian Contract Act are more advanced and more organically conceived than the English Common Law of Contract. Pillars of the Common Law of Contract such as the doctrine of consideration, the doctrine of frustration and the doctrine of economic duress are found in the Indian act in

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Agung Setiawan, M., and Hendri Zola Efendi. "Konflik dan Resolusi dalam Pembagian Harta Pasca Perceraian di Tanah Pusaka Minangkabau." USRATY : Journal of Islamic Family Law 2, no. 1 (2024): 38–47. http://dx.doi.org/10.30983/usraty.v2i1.8380.

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This research describes a case study from Nagari Koto Tangah, Kecamatan Tilatang Kamang, where the clash between customary law and individual rights became the focal point in resolving shared assets following a divorce. The case involves an intercultural marriage—a husband of Javanese descent and a wife from Minangkabau. After years of marriage and building a house on the wife's ancestral land (Tanah Pusaka Tinggi), their marriage ended in divorce. Although the house was built together, the land, according to Minangkabau custom, could not be sold or transferred to an outsider, including the fo

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Temnikova, N. A. "Invalidity of the prenuptial agreement due to its terms put one the spouse in an extremely disadvantageous situation." Herald of Omsk University. Series: Law, no. 4 (2022): 68–75. http://dx.doi.org/10.24147/1990-5173.2022.19(4).68-75.

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Introduction. The marriage contract is becoming more and more applicable, and the courts are faced with the complexity of interpreting legal norms. The principle of freedom of contract is limited in relation to the agreements of spouses. Among the restrictions, taking into account the specifics of family relations, it should be noted the provision of paragraph 3 of Article 42 of the RF IC that a marriage contract cannot contain conditions that put one of the spouses in an extremely unfavorable position, and the provisions of the marriage contract should not contradict the basic principles of f

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Shershen, T. V. "Prenuptial Agreement and Agreement on the Division of Common Property of Spouses (former Spouses) Through the Prism of Intersectoral Private law Regulation of Property Relations in Russia." Proceedings of Southwest State University. Series: History and Law 14, no. 2 (2024): 81–90. http://dx.doi.org/10.21869/2223-1501-2024-14-2-81-90.

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Relevance. The most acute problems of modern Russian legislation, theory and law enforcement practice include the inconsistency of private law norms designed to regulate property relations with the participation of subjects of civil and family law – spouses and former spouses, creditors of the debtor spouse and other persons, whose rights and interests may be violated as a result of unscrupulous behavior of a participant in civil turnover, abuse granted contractual freedom. The common joint property of the spouses forms the material basis of the family. The increase in cases of challenging mar

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Nel, Eben. "Estate Planning and Wills Across Borders: Sometimes a Quagmire in the Making." Potchefstroom Electronic Law Journal 24 (October 13, 2021): 1–31. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a8396.

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In this article a synoptic evaluation is made in respect of the estate planning and wills of South African nationals working, investing or living in foreign jurisdictions, in the broader context of globalisation and internationalisation. Estate planners and testators may inadvertently leave family members in a financially vulnerable position or diminish family assets due to a non-appreciation of international private law. The importance of international wills, the role of testamentary trusts, and the potential impact and reciprocity of international instruments are considered. The most applica

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Kovaček-Stanić, Gordana, and Sandra Samardžić. "Does (family) law protect family?" Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 1 (2021): 25–45. http://dx.doi.org/10.5937/zrpfns55-30403.

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Although we cannot ignore the fact that the law in some way affects the family from the very beginning by determining who is considered a family member, what are their mutual rights and obligations, how certain relationships are formed and how they end, modern understanding of the family, however, necessarily implies respect for the extremely wide field of family, that is parental autonomy. Such an understanding could, in the most extreme form, result in an almost complete absence of responsibility of the state or the legal system for everything that happens in the family. In this sense, there

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Nizamieva, O. N. "Development of Law Enforcement on Cases concerning Legal Regime of Marital Property in Contracts Involving Spouses." Lex Russica 75, no. 8 (2022): 130–38. http://dx.doi.org/10.17803/1729-5920.2022.189.8.130-138.

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The paper analyzes the development of law enforcement regarding the ability of certain contractual structures to change the legal regime of the marital property. Prior to the introduction of a mandatory notarial form of an agreement on the marital property division (Federal Law No. 391-FZ of December 29, 2015 «On Amendments to Certain Legislative Acts of the Russian Federation») and clarification in paragraph 1 of Article 256 of the Civil Code of the Russian Federation of the type of contract establishing the legal regime of the community property (Federal Law No. 217-FZ of July 19, 2018 «On A

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Nitzan, Dorit, and Odeda Benin-Goren. "Emergencies as Catalysts to Invest in the Health Workforce." Prehospital and Disaster Medicine 38, S1 (2023): s50. http://dx.doi.org/10.1017/s1049023x23001632.

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Introduction:Emergencies provide opportunities for deep systemic intra-action and after-action reviews, followed by changes and adaptations that are aimed at enhancing resilience against future health emergencies. One of the most prevalent lessons learned from the COVID-19 pandemic is the need to intensify the investment in the health workforce. Diverse groups of health workers have brought their expertise from the benches to patients’ beds, and the desks of the decision-makers.Method:Match skill mix of health staff with the needed level of care: those with mild diseases can be cared for by ba

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Febrianty, Yenny, Ade Sathya Sanathana Ishwara, and Novita Angraeni. "Kedudukan Hukum Hak Kekayaan Intelektual sebagai Mas Kawin dalam Perkawinan." JURNAL USM LAW REVIEW 7, no. 1 (2024): 429. http://dx.doi.org/10.26623/julr.v7i1.7805.

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<p><em>This research examines the legal position of copyright intellectual property rights in marriage in Indonesia, whether it can be considered a dowry, and the implications in the context of marriage law and separation of assets. The urgency of this research is to answer the factual habits of society regarding the practice of using Intellectual Property Rights as a dowry in marriage. This research uses normative legal research methods by referring to relevant laws and regulations, such as the Marriage Law and Intellectual Property Rights Law, and data analysis based on legal lit

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Yadav, Alok Kumar, and Masoom Ali. "Prenuptial Agreements in the Institution of Marriage in India: Legal Framework & Societal Perceptions." Legal Research & Analysis 2, no. 2 (2024). https://doi.org/10.69971/s7nqbs85.

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In modern culture, prenuptial agreements represent a significant shift from traditional marital customs to a more popular strategy. Such agreements are effective in navigating potential risks and enhance communication among future spouses. These agreements embody a strengthened framework of legal protection that guarantees that the financial interests of both parties are respected, while also easing the financial burdens and emotional difficulties linked to the divorce process. Current research examines prenuptial agreements in Hindu marriages in India revealing the possible pathways beyond cu

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Erlangga Damarjati. "Legality of Prenuptial Agreements: The Role of Notaries in Guaranteeing Legal Certainty." International Journal Of Humanities Education and Social Sciences (IJHESS) 4, no. 6 (2025). https://doi.org/10.55227/ijhess.v4i6.1616.

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Prenuptial agreements serve as essential legal instruments that define financial arrangements and property rights between spouses before marriage. However, their enforceability and legal certainty depend heavily on compliance with legal formalities, particularly the role of notaries in ensuring their validity. This research examines the legal framework governing prenuptial agreements and the crucial function of notaries in guaranteeing legal certainty. Through a normative-juridical approach, this study analyzes statutory regulations, case law, and legal doctrines to highlight the importance of

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