Husband and Wife. Separation Agreements. Settlement of Property Rights

1916 ◽  
Vol 3 (5) ◽  
pp. 400
Keyword(s):  
Property Rights ◽  
Husband And Wife

Part VI The Law of Property, 37 Matrimonial Property

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Property Rights ◽  
General Rule ◽  
Legal Reform ◽  
Legal Regime ◽  
Applicable Law ◽  
Civil Partnership ◽  
Marriage Contract ◽  
Recognition And Enforcement ◽  
Property Regimes ◽  
Husband And Wife

This chapter examines the legal regime governing matrimonial property, and more specifically the rights of a husband and wife in the movable and immovable property which either of them may possess at the time of marriage or may acquire afterwards. It first considers the general rule on assignment where there is an ante-nuptial contract as well as the assignment where is no ante-nuptial contract, focusing in particular on the application of matrimonial domicile in the case of movables and the effect of marriage on the spouses' immovables in the absence of a marriage contract. It then discusses the question of property rights arising from civil partnership and cohabitation, citing the relevant provisions of the Civil Partnership Act 2004, and concludes with an overview of European proposals for legal reform with respect to jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes.

Property Rights of Husband and Wife

1944 ◽  
Vol 6 (2) ◽  
pp. 17
Author(s):  
Paul Sayre
Keyword(s):  
Property Rights ◽  
Husband And Wife

MÜLKİYYƏTİN MÜQAVİLƏ REJİMİNİN ANLAYIŞI VƏ MƏZMUNU

2020 ◽  
Vol 52 (03) ◽  
pp. 39-42
Author(s):  
Aysel Fəzail qızı Zeynallı ◽  
Keyword(s):  
Property Rights ◽  
Key Words ◽  
Family Law ◽  
Property Relations ◽  
Key Words Family ◽  
Husband And Wife

Key words: family, law, property contract mode,legal of the property mode divorce, husband and wife, property relations,property rights

scholarly journals Property Rights of Husband and Wife: A Brief Survey

1969 ◽  
pp. 39
Author(s):  
Suraj Khetarpal
Keyword(s):  
Property Rights ◽  
Common Law ◽  
Palm Tree ◽  
Judicial Discretion ◽  
The Future ◽  
The Common ◽  
The Law ◽  
Husband And Wife

Under the Common Law a wife on marriage endowed her husband with all her worldly goods, and she also renounced all rights of ownership of any property she then, or in the future, might possess. The author examines the legislative departures from this position in England, Canada, Singapore and India. After establishing that the courts will apply "palm tree justice" where no definite intention as to the manner of ownership of property is ascertainable, the author concludes that this uncertainty in scope of judicial discretion should be removed as far as possible from the law.

scholarly journals PERLINDUNGAN HAK-HAK PEREMPUAN PASCA PERCERAIAN (STUDI TERHADAP PUTUSAN PENGADILAN AGAMA PALOPO)

2018 ◽  
Vol 1 (1) ◽  
pp. 45-62
Author(s):  
Anita Marwing
Keyword(s):  
Property Rights ◽  
Child Custody ◽  
Charge Materials ◽  
Women Rights ◽  
Religious Courts ◽  
Nominal Amount ◽  
Husband And Wife

This article aims to determine the women rights in Islam, in post-divorce and in knowing the analysis of judges’ decision in Palopo Religious Court regarding the women rights after divorce. The findings showed that the judge's decision regarding the rights of women were concluded as follows; 1) the contested or talak divorce cases by verdict judgment did not cover the wives rights in which judges presumption should not decide the case on the outside of the charge materials (ultra-petition). So that, the judge did not dare to assign or guarantee the women rights legally after divorcing such as Mut'a child custody, property rights if not being the charge materials. 2) The contested divorce cases did not cover any lawsuit regarding the wives rights. Although the judge had the ex officio rights in determining the wives rights whether requested or not, the judges of Palopo Religious Court were just in case of the cause of divorce where the husband and wife were not willing to be divorced. So, the judges utilized their ex officio rights to punish the husbands for providing Mut'a according to their ability and feasibility. 3) In reconvenes decision, it was mentioned the wives rights in the judges’ decision in which they are Iddah living, Mut'ah, past living, and the child costs. At the living Iddah costs, it was decided by Palopo Religious Courts Palopo that it is not in the same nominal amount. It is also similar to the Mut'ah and children costs

scholarly journals Hak Atas Kekayaan Intelektual (HAKI) sebagai Harta Bersama Perspektif Kompilasi Hukum Islam

2017 ◽  
Vol 7 (1) ◽  
pp. 28-56
Author(s):  
Arso Arso
Keyword(s):  
Property Rights ◽  
Islamic Law ◽  
Economic Values ◽  
Marital Property ◽  
Husband And Wife

Abstract: This article  discusses intellectual rights which  intellectual rights have been recently acnowledged In indonesia. From the perspective of Islamic law intellectual rights can be considered as huqûq mâliyyah (property rights). Even though they have no concrete forms, they have moral and economic values. In the context of separation between husband and wife,  intellectual rights  can be considered as marital property which should be divided upon divorce. Otherwise, it will create injustice and defiance from the principle of maslahah in Islamic law. This recent development on intellectual rights should be accommodated in legal framworks that regulate muslim marrriage in Indonesia, such as Kompilasi Hukum Islam. Abstrak: Artikel ini membahas tentang Hak atas Kekayaaan Intelektual sebagai Harta Bersama menurut Hukum Islam. Hak atas kekayaan intelektual (HAKI) merupakan hak eksklusif yang diakui oleh negara melalui peraturan perundang-undangan atas kreativitas intelektual yang bersangkutan. HAKI sebagai salah satu huqûq mâliyyah (hak kekayaan), merupakan benda tidak berwujud yang mempunyai nilai hak moral dan hak ekonomi yang berguna bagi kehidupan masyarakat dan kehidupan rumah tangga. Meskipun peraturan perundang-undangan terhadap HAKI tidak memberi ketegasan dan penjelasan tentang status HAKI sebagai harta bersama suami istri, namun melalui teori maslahat dan rasa keadilan serta merujuk Undang-Undang Perkawinan dan Kompilasi Hukum Islam, inkonstitusional HAKI dapat dikategorikan sebagai harta bersama dan masih relevan dengan pembagian hak masing-masing suami istri dengan bagian yang sama. Ketentuan pembagian harta bersama yang didasarkan KHI yang diberlakukan melalui Inpres No 1 tahun 1991, perlu ada penyempurnaan materi dan perubahan instrumen hukumnya, khususnya berkaitan dengan HAKI sebagai harta bersama .

scholarly journals PERLINDUNGAN HAK-HAK PEREMPUAN PASCA PERCERAIAN (STUDI TERHADAP PUTUSAN PENGADILAN AGAMA PALOPO)

2016 ◽  
Vol 1 (1) ◽  
pp. 45
Author(s):  
Anita Marwing
Keyword(s):  
Property Rights ◽  
Child Custody ◽  
Charge Materials ◽  
Women Rights ◽  
Religious Courts ◽  
Nominal Amount ◽  
Husband And Wife

This article aims to determine the women rights in Islam, in post-divorces and in knowing the analysis of judges’ decision in Palopo Religious Court regarding the women rights after divorcing. The findings showed that the judge's decision regarding the rights of women were concluded as follows; 1) the contested or talak divorce cases by verdict judgment did not cover the wives rights in which judges presumption should not decide the case on the outside of the charge materials (ultra-petition). So that, the judge did not have the courage to assign or guarantee legally the women rights after divorcing such as Mut'a, child custody, property rights if not being the charge materials. 2) The contested divorce cases did not cover any lawsuit regarding the wives rights. Although the judge had the ex officio rights in determining the wives rights whether requested or not, the judges of Palopo Religious Court were just in case of the cause of divorce where the husband and wife were not willing to be divorced. So, the judges utilized their ex officio rights to punish the husbands for providing Mut'a according to their ability and feasibility. 3) In reconvenes decision, it was clearly mentioned the wives rights in the judges’ decision in which they are Iddah living, Mut'ah, past living, and the child costs. At the living Iddah costs, it was decided by Palopo Religious Courts Palopo that it is not in the same nominal amount. It is also similar with the Mut'ah and children costs.

The Origins and Consequences of Property Rights

2020 ◽  
Author(s):  
Colin Harris ◽  
Meina Cai ◽  
Ilia Murtazashvili ◽  
Jennifer Murtazashvili
Keyword(s):  
Property Rights
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