Community Property: Commingled Accounts and the Family-Expense Presumption

1967 ◽  
Vol 19 (3) ◽  
pp. 661 ◽  
Author(s):  
Ralph Ehrenpreis
Mahakim ◽  
2017 ◽  
Vol 1 (1) ◽  
Author(s):  
NIKMATUN NUZULA

In a general way, the division of community property in divorce at Religion Justice of Kediri utilizes the aught rule on Section 97 Islamic Law Compilations, where is division in that section names that widow or divorce widower lives each get half of community properties. But then available a case where Judges in the Religion Justice of Kedir establish another, which deviates from aught rule in Section 97 Islamic Law Compilation which is, each one third part for husband, and two third part for wife of the community property. This research focuses on 1) What do become the judge’s judgment in deciding matter Number 0168 / Pdt. G / 2014 / PA. Kdr in contrast to aught order in Section 97 KHI; 2) What implications of be applied contra legem in that verdict. In this research, the writer utilizes qualitative approach and field research. Meanwhile, in data collection utilizes interview and documentation. Data analysis uses content analysis of verdict through theory which is available with its practice at the site. This observational result concludes that there is three prime factors of the judge’s judgment in deciding the division matter of the community property Number 0168 / Pdt. G / 2014 / PA. Kdr variably diffrent of section 97 Islamic Law Compilations, which is: 1 ) Since wife while parted by divorces by husband not charge iddah’s earningses, mut ’ ah and past earnings; 2 ) Since wife have greater contributions in render community property; 3 ) as patriarch that ought to meet the family needs, husband has pointed out accountability heaving full as head of family. So if Judge applies rule of law ground, which is by applying Section 97 Islamic Law Compilation are assessed wrongful. Judge moring to advance to perceive justice than rule of law. Therefore of that, Judges in deciding a matter don’t be glued on written order only. Contra legem is form Judge as enforcer of law and justice that not only advance rule of law ground but also utilize justice ground judgment and benefit. Contra legem’s implemented implication can evoke new law that its following can be made as jurisprudence if there is a similar case. Keywords: marriage, divorce, community property, contra legem


2020 ◽  
Vol 27 (3) ◽  
pp. 176-229
Author(s):  
Louise Crowley

Shulman extols the benefits of ‘empirical propositions’  emphasising the value of interrogating teaching approaches with a view to establishing evidence as to how students learn, and in turn crafting effective ways to teach. This article critically explores the design and assessment approaches adopted in the delivery of the Family Law Clinic Module at the Law School, University College Cork and interrogates the impact of these approaches on student learning. In carrying out this action research, the decision to utilise Universal Design for Learning as the underlying Scholarship of Teaching and Learning framework allows the pedagogical approach adopted to be deconstructed and critically examined. The capacity for student involvement in the teaching journey which is premised upon the ideology of learning and teaching as community property will be explored, both from a theoretical perspective and also from a socio-legal viewpoint. It will be shown that empowering the students to direct the module and assessment content serves to awaken their social awareness and their understanding of their role as pro-social contributors. Following an exploration of these aspects of SOTL thinking, the student learning experience will be explored through a number of qualitative research methods, namely individual student interviews post completion of the module, individual student reflective journals and the testimonial experience of external parties who utilise the Family Law Clinic research services. These approaches to understanding the student experience will serve to demonstrate the unique approach adopted in the Family Law Clinic that gives rise to a unique student learning environment and holistic student development.


1999 ◽  
Vol 33 (1) ◽  
pp. 139-165
Author(s):  
Linda Gallant ◽  
Celia Wasserstein Fassberg

Nafisi v. Nafisi (1996) 50(iii) P.D. 573The parties were married in 1944 in Persia (Iran), where they were domiciled. In 1979 the husband visited Israel, and during his stay he bought a shop in Tel-Aviv, which he registered in his name. In 1983 the couple and their five children immigrated to Israel. They lived in an apartment registered in both their names. Shortly after their arrival in the country, the husband opened two bank accounts in his name and deposited amounts totalling $320,000, which he had brought with him from Persia. In 1987 the couple's marriage broke down. Despite the rift, they both continued to live in the family home. The wife petitioned the court for a declaratory judgment stating that the shop and the money deposited in the bank accounts were jointly owned by both spouses. The District Court ruled in her favour. The Supreme Court accepted the husband's appeal and held that the wife had failed to prove her right to community property. The wife requested a further hearing in the Supreme Court on the matter, and in the further hearing, the Court ruled in her favour, by a majority decision.


2021 ◽  
Vol 9 (205) ◽  
pp. 1-22
Author(s):  
Gabriela Duarte Pinto

The real property law is a legal institution of civil law, introduced in the Civil Code of 1916 by Status of Women Married - Law nº 4.121 / 1962, which required numerous requirements for its grant and maintenance, namely, (a) were married under the regime of community property; (b) during his lifetime; (c) and remained widow; (d) subject to the inheritance share, the property should be for the family residence and, finally, (e) were the only asset of this nature to inventory. With the advent of the Civil Code of 2002, however, it was extended to all property regime, removed the final term and with the Domestic Partnership Act, It was no longer needed that it was the only good of that nature to inventory. It was questioned the extent of its application in this case and the need for consideration to not fade the right to inheritance. Analyzed the rights involved, Right to inheritance, Property Rights, Right to living and the Real Property Law. It was concluded that the interpreter of the Law must, before the case, carry out the judgment of balancing the conflicting fundamental Rights so that there is maximum preservation of conflicting values, and hence the greatest achievement of constitutional values.


Legal Studies ◽  
1999 ◽  
Vol 19 (4) ◽  
pp. 468-488 ◽  
Author(s):  
Anne Barlow ◽  
Craig Lind

The current law of resulting and constructive trusts and proprietary estoppel is acknowledged to provide uncertain and often unsatisfactory remedies to disputes concerning the allocation of property rights in the family home. This article reviews these inadequacies, particularly as they affect the growing numbers of cohabitants, and puts forward radical proposals for reform. It is argued that the special nature of the family home - where the parties' relationship is based on ‘trust and collaboration’ rather than commercial principles - requires reform which takes account of the broader contributions of both parties to the home and to the family in allocating property rights. The law should strive to treat all family homes in a consistent way, provide greater certainty of outcome, and yet do justice between the parties. A system of modified community property is therefore proposed. Broadly, this will provide a sliding scale of allocation of property rights over time for non-owner partners and a presumption of enhancement of the interest of the primary carer of children of the relationship. However, contracting out should be permitted; and a discretion to adjust the presumptive rights retained by the court where ‘manifest injustice’ is demonstrated.


Hinduism ◽  
2019 ◽  
Author(s):  
Nita Kumar

The importance of the child in Hinduism cannot be emphasized enough and must be addressed at several levels. First, Hinduism recognizes, from as far back as the Vedas, that birth and childhood somehow best exemplify the philosophical conundrum that is life. Reproduction is power, and a child is power. Second, in the mundane world, the child is an essential connecting link between human generations, one that can guarantee continuity, reproduction, and purity if so desired. This link is the male child, and the desire for purity belongs to the upper classes, whose fears relate to miscegenation, leading to control of the child’s sexuality and frequently to early marriage. The resulting patterns of kinship and location in Hindu communities include relationships that figuratively reproduce childhood, where one member of a dyad is seen as childlike, that is, weaker. Several beliefs and practices bear witness to the importance of the child. While infants and toddlers of both sexes are adored as close to gods, the male child has importance at every phase of childhood, particularly after the yagnopavita (sacred thread) ceremony when a crucial phase of learning and formation begins. A male child is necessary to complete rituals that would close the circle for a dead ancestor, permitting them to finally leave their departed bodies. The female child is loved and cherished in a different way; however, in a scale of importance, she ranks lower than the male. Both genders stand, in different ways, for the name, status, and stability of the family and the larger kin group or community. When gods are worshiped as children, it is typically the male gods. Goddesses are spoken of as daughters, too, but more often as mothers, with worshipers assuming the role of child accordingly, though sometimes the worshiper assumes the role of mother vis-à-vis the god-child. While all this gives discursive importance to the child, individual children in history have been treated as community property and not necessarily nurtured for themselves. At the same time, the constructed nature of Hinduism—until the colonial period, Hindus did not use the singular term for the wide array of beliefs and practices that they practiced—makes it impossible to discuss one perspective on the child. In a similar way, “childhood” and “the child” are themselves historical constructs, datable from modernity. However, some scholars point out that even without a common name, a recognizable unity can be discerned in the beliefs and practices of those now labeled “Hindus.” Similarly, even if people did not talk of childhood or the child as separate, distinguishable entities before a certain time, the experience of the phase of life, and the relations of that particular age to others, did, of course, exist. In treating the attitudes of the religion presently called Hinduism toward the stage of life presently understood as childhood, this article addresses Hindu theogony and mythology, history, sociology, and literature.


1988 ◽  
Vol 62 (03) ◽  
pp. 419-423 ◽  
Author(s):  
Baba Senowbari-Daryan ◽  
George D. Stanley

Two Upper Triassic sphinctozoan sponges of the family Sebargasiidae were recovered from silicified residues collected in Hells Canyon, Oregon. These sponges areAmblysiphonellacf.A. steinmanni(Haas), known from the Tethys region, andColospongia whalenin. sp., an endemic species. The latter sponge was placed in the superfamily Porata by Seilacher (1962). The presence of well-preserved cribrate plates in this sponge, in addition to pores of the chamber walls, is a unique condition never before reported in any porate sphinctozoans. Aporate counterparts known primarily from the Triassic Alps have similar cribrate plates but lack the pores in the chamber walls. The sponges from Hells Canyon are associated with abundant bivalves and corals of marked Tethyan affinities and come from a displaced terrane known as the Wallowa Terrane. It was a tropical island arc, suspected to have paleogeographic relationships with Wrangellia; however, these sponges have not yet been found in any other Cordilleran terrane.


Sign in / Sign up

Export Citation Format

Share Document