Husband and Wife and Their Property Rights in the Laws of Domestic Relations. Proposals for Changes toward Equal Rights

Living ◽  
1940 ◽  
Vol 2 (4) ◽  
pp. 93
Author(s):  
Marie Munk
Author(s):  
Richard D. Brown

While cherishing ideas of equal rights and equality, Americans have simultaneously sought inequality. The Revolution of 1776 committed Americans to the idea of equal rights, but just as fundamentally it dedicated the United States to the protection and increase of individual property and the power to direct it to heirs. Although equal rights and individual property rights have proved compatible with religious and ethnic equality, social and economic inequality, both meritocratic and inherited, have been integral to the American social and political order. Moreover, based on the emerging biologies of race and sex, the idea of equal rights for people of color and for women faced new barriers in nineteenth-century America and beyond into the twenty-first century.


2020 ◽  
Vol 9 (2) ◽  
pp. 252-271
Author(s):  
Widya Eka Putri ◽  
Akhmad Muslih ◽  
Adi Bastian Salam

Marriageraisesrights and obligations to husband and wife. The rights and obligations existing before the divorce are created from their marriage ceremony. The rights and obligations are contained in the provisions of Qur’an. To avoid conflict divorce is not an easy thing, it is motivated by several factors that cause a domestic relations be cracked even ended in divorce. The purpose of this research is to understand and analyze the factors that hinder the provision of livelihood to the former wife in divorce cases through decision of Manna Religious Court of South Bengkulu. Analyzing theproblems in this study, researchers used a analysis descriptive method to produce the research results showingfactors that inhibit the provision of livelihood to the former wife in divorce cases through decision of Manna Religious Court of South Bengkulu consisted of internal and external factors.


Author(s):  
Torremans Paul

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.


2021 ◽  
Vol 5 (1) ◽  
pp. 252
Author(s):  
Iskandar Budiman

This paper concerns with how to build a balance of rights and obligations of husband and wife in fulfilling the economic needs of the family, especially in unusual circumstances. The paper aims to give an overall picture of the authority of the husband and wife regarding the domestic and public rights in the family, as well as to deal with the issue on family economy during the Covid-19 pandemic. The study of this paper used the explorative-qualitative research methods, with data obtained by disseminating questionnaires and studying documents related to the responsibilities carried out by the husband and wife. An initial investigation was conducted by taking into account the provisions stipulated in the formal legality of positive law. The data were then analyzed by utilizing a descriptive phenomenological approach through the interpretation of the data obtained from observation, interview, documentation, and literature review. The findings of this study indicate that men and women have equal rights. The concept of nature show that there is normative justification between husband and wife, stating that the domestic responsibilities are closely related to the shared rights and obligations that are balanced within the family and society, and that both husband and wife have the same rights in taking legal actions. In this new normal era, to strengthen the economically weak family in the community requires joint co-operation between the husband and wife so that they can meet the needs of the family and create a harmonious family. 


2014 ◽  
Vol 38 (1-2) ◽  
pp. 221-250 ◽  
Author(s):  
Holly J. McCammon ◽  
Sandra C. Arch ◽  
Erin M. Bergner

Numerous scholars consider the economic origins of the late-nineteenth- and early-twentieth-century US married women's property acts. Researchers investigate how economic downturns and women's inroads into business spurred lawmakers to reform property laws to give married women the right to own separate property. Such economic explanations, however, are only a partial story. Our investigation reveals the important role of women's collective activism in winning these legal changes. Women mobilized for property rights often as they pressed for voting rights and, in one case, as they campaigned for an equal rights amendment. We examine circumstances leading to passage of married women's property acts in seven states to show that as women mobilized for property rights alongside voting rights or a broader equal rights law, a radical demand effect unfolded. Lawmakers often considered demands for woman suffrage or an equal rights amendment as more far-reaching and thus more radical and threatening. Such feminist demands, then, provided a foil for property-rights activism, and the contrast led lawmakers to view property demands as more moderate. In addition, as they pressed for these combined reforms, women often engaged in hybrid framing that allowed them to moderate their demand for property reforms by linking their property goals to beliefs already widely accepted. The confluence of these circumstances led political leaders to deem property changes as more moderate and acceptable in an effort to steer feminists away from their radical goals. In the end, the radical demand effect created a political opportunity for passage of the married women's property acts.


1944 ◽  
Vol 6 (2) ◽  
pp. 17
Author(s):  
Paul Sayre

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