MUSYARAKAH PADA HARTA BERSAMA

The concept of marital property is still an interesting topic to discuss. Because there is still a disagreement between the concept of marital property to described by contemporary scholars through the approach of syirkah and the financial reality of today's family in Indonesia. This is because syirkah mufawadhah and syirkah 'abdan which explain is the type of syirkah 'uqūd that requires ijab-kabul and its provision for business. While in the context of marital property this concept is not achieved. Because the concept of marital property in Indonesia is more suitable towards the concept of syirkah amlak that does not require ijab-kabul and non-business. However, if want to conform to the concept of syirkah 'uqūd or syirkah business then there needs to be an improvement that must be preceded by a syirkah agreement or a contractual agreement on joint property either before marriage on premarital agreement or during marriage.

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Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

Al-Manahij Jurnal Kajian Hukum Islam ◽

10.24090/mnh.v11i1.1266 ◽

2018 ◽

Vol 11 (1) ◽

pp. 35-48

Author(s):

Siah Khosyi’ah

Keyword(s):

Common Property ◽

Islamic Law ◽

Married Couples ◽

Dropping Out ◽

Legal Cases ◽

Islamic Jurisprudence ◽

Marital Property ◽

Joint Property ◽

Husband And Wife ◽

Muslim Scholars

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

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The right to dispose of an item of property acquired in marriage

SEEU Review ◽

10.1515/seeur-2015-0030 ◽

2015 ◽

Vol 11 (2) ◽

pp. 81-93

Author(s):

Emine Zendeli

Keyword(s):

Republic Of Macedonia ◽

Normative Framework ◽

Research Article ◽

Marital Property ◽

Joint Ownership ◽

The Republic ◽

The Right ◽

Legal Subjects ◽

Legal Consequences ◽

Joint Property

Abstract This research article analyzes the right of disposal of marital property in relation to the undertaking of those legal actions that imply the highest authorizations that legal subjects can have over things. Having in consideration the fact that according to the legislation in the Republic of Macedonia, marital property is joint as are the authorizations of spouses over their joint items, it is important to determine the extent of the disposal, i.e. who disposes of the items of the joint property and to what extent. Referring to the normative framework, which regulates disposal relations of spouses, the article emphasizes the concept and importance of the authorization of disposal of things (alienation or assignment of things from joint ownership), through legal activities (sale, donation, exchange, etc.). In this context, the article tends to draw a divisive line between the administration with the joint item, referring to continuative actions and measures and the disposal of the thing, which is not continuative but, due to legal consequences it causes, has great importance in practice, and as a result, enjoys greater attention in legislators in terms of its limitation compared to the acts of administration with joint items in marriage.

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Analisis Yuridis Perilaku Lesbian dari Seorang Isteri sebagai Alasan Perceraian

Journal of Education, Humaniora and Social Sciences (JEHSS) ◽

10.34007/jehss.v2i2.99 ◽

2019 ◽

Vol 2 (2) ◽

pp. 382-398

Author(s):

Lita Mardani Siregar

Keyword(s):

Child Custody ◽

Government Regulation ◽

Islamic Law ◽

Customary Law ◽

Sexual Disorders ◽

Human Actions ◽

Divorce Law ◽

Legal Effect ◽

Marital Property ◽

Joint Property

One of the principles in national marriage law that is in line with religious teachings is to make divorce difficult (divorce), because divorce means the failure of the purpose of marriage to form a happy and eternal family due to human actions. The problem in this reshearch is how is the regulation of the implementation of divorce in the Religious Court, what is the effect of the divorce law on the grounds of lesbian behavior of a wife, how is the consideration of the judge in the Ambon Religious Court decisionNumber 110 / Pdt.G / 2016 / PA Ab. As a result of divorce law on the grounds that the lesbian behavior of a wife is related to child custody. The legal effect on marital property is that joint property is divided according to the provisions of the respective laws, laws, religion and customary law, while the inheritance remains controlled by each of the wives and divorced husbands. With regard to debt due to termination of marriage due to divorce borne by both parties with conditions that must be met where the rights and obligations of husband and wife are balanced in their authority to carry out legal actions. Judge's consideration in the decision of the Ambon Religious Court Number 110 / Pdt.G / 2016 / PA Ab in the case of sexual disorders (lesbians) immediately considers that this is in accordance with the provisions in Article 39 paragraph 2 of Law Number 1 of 1974 along with the explanation in letter e and letter f juncto Article 19 letter f Government Regulation Number 9 of 1975, Article 116 letter e and letter f Inpres No. 1 of 1991 concerning the Compilation of Islamic Law (KHI).

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ASSERTING CRIMINAL LAW CLAIMS ON BEHALF OF THE STATE TREASURY FROM CONVICTS BOUND BY THE JOINT MARITAL PROPERTY REGIME

Roczniki Administracji i Prawa ◽

10.5604/01.3001.0013.1794 ◽

2018 ◽

Vol 2 (XVIII) ◽

pp. 245-258

Author(s):

Andrzej Pokora

Keyword(s):

Criminal Law ◽

The State ◽

Penal Code ◽

Property Relations ◽

Personal Property ◽

Marital Property ◽

The Impact ◽

Joint Property ◽

Property Regime

The article covers the terms and scope of liability of convicts from their personal property and from the joint property when they are bound by the joint marital property regime. In the first place, problems of a convict’s liability from the personal property is discussed. Then, the possibility of the convict’s liability from the joint property is presented. Finally, the article discusses problems of limiting or excluding the liability under art . 28 of the Executive Penal Code and the impact of a change in property relations between spouses on the conduct of execution of criminal law liabilities.

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Akibat Hukum Perceraian Terhadap Harta Benda Perkawinan

DOKTRINA JOURNAL OF LAW ◽

10.31289/doktrina.v2i2.2703 ◽

2019 ◽

Vol 2 (2) ◽

pp. 151

Author(s):

Sugih Ayu Pratitis

Keyword(s):

Research Method ◽

Islamic Law ◽

Applicable Law ◽

Personal Property ◽

Personal Rights ◽

Marital Property ◽

Shared Property ◽

Legal Consequences ◽

Joint Property ◽

Husband And Wife

The emergence of the problem of joint property in a marriage is usually when there is a divorce between husband and wife, or when the divorce process is taking place in the Religious Court. The purpose of the study is to examine the position of joint property in marriage according to Islamic law and the provisions of the legislation and the legal consequences of divorce on marital property. The research method used is a type of normative research where research is carried out by first researching the materials that are in accordance with the problem to be studied. The result of this research is that the position of husband and wife property obtained in marriage is shared property except personal property which is under the marriage will be the personal rights of each husband or wife. While due to divorce between husband and wife, the assets obtained during marriage are divided in half for the husband and half for the wife. The method for resolving cases of sharing of shared assets at the Religious Court is if the divorce has been approved by a judge, then a husband and wife can submit a request for sharing of shared assets in accordance with applicable law. And if a divorced husband and wife do not want to carry out the distribution of shared assets, then one of the parties can submit a request for execution in the Religious Court to force those who do not want to carry out the decision in accordance with what was decided by the Religious Court.

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Legal Consequences of the Marriage Agreement Made by Notaries, Then Not Registered

Authentica ◽

10.20884/1.atc.2019.2.2.66 ◽

2020 ◽

Vol 2 (2) ◽

pp. 95-120

Author(s):

Meisha Poetri Perdana

Keyword(s):

Legal Protection ◽

Secondary Data ◽

Third Party ◽

Primary Data ◽

The Third ◽

Marital Property ◽

The Right ◽

Legal Consequences ◽

Joint Property ◽

Husband And Wife

The marriage agreement is based on Law Number 1 of 1974 Concerning Marriage, a marriage agreement is a means of protecting the assets of a husband and wife, this agreement the parties can determine their respective inheritance. Is there a separation of assets in the marriage from the beginning or is there a shared asset, but the method of division is divided if a divorce occurs. The inheritance of each husband and wife and property obtained as a gift or inheritance, respectively, is under the control of each other as long as the parties do not specify otherwise. The method used in this research is the normative juridical approach. The data used in this paper are secondary data and primary data as a complement to secondary data. The results of research and discussion, namely the marriage agreement that is not recorded or registered, is invalid according to the provisions of Article 29 paragraph (1) of Law Number 1 of 1974. The legal consequences of marital property if the marriage agreement is not registered is that the property becomes joint property and assets default. Legal protection for a disadvantaged third party is by means of preventive legal protection in which a third party has the right to assume that the marriage agreement does not exist, whereas the refractive legal protection that is the third party has the right to file a lawsuit in court. Suggestions that the notary provides guidance to register the marriage agreement deed to the Population and Civil Registry Office in order to obtain validity and publicity. And the marriage agreement must be registered so as not to harm a third party. Keywords: Registration of Marriage Agreement, Marriage Property, Legal Protection of Third Party

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Glosa do uchwały Sądu Najwyższego z dnia 19 października 2018 roku, sygn. III CZP 45/18

Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne ◽

10.19195/1733-5779.28.14 ◽

2019 ◽

Vol 28 ◽

pp. 197-206

Author(s):

Damian Dobosz

Keyword(s):

Supreme Court ◽

District Court ◽

The Supreme Court ◽

Marital Property ◽

Separate Property ◽

Joint Property

Glosowana uchwała Sądu Najwyższego z dnia 19 października 2018 r. sygn. III CZP 45/18 rozstrzyga zagadnienie prawne przedstawione przez sąd okręgowy, które brzmiało następująco: Czy rzecz nabyta w trakcie trwania małżeństwa, w którym obowiązuje reżim ustawowej wspólności majątkowej, w części ze środków pochodzących z majątku odrębnego jednego z małżonków, a w części z ich majątku wspólnego wchodzi w całości do majątku wspólnego, czy też wchodzi do tego z majątków, z którego pochodzi większa część środków na nabycie rzeczy, czy też wchodzi do majątku odrębnego jednego z małżonków i jednocześnie do ich majątku wspólnego w udziałach odpowiadających stosunkowi środków przeznaczonych z tych majątków na nabycie rzeczy? W glosie przedstawiony został stan faktyczny ustalony przez sąd okręgowy i przedstawione doktrynalne ujęcia majątku osobiste i wspólnego małżonków. Następnie zaprezentowano najważniejsze tezy z uchwały Sądu Najwyższego oraz konsekwencje prawne rozstrzygnięcia. Gloss of the resolution of the Supreme Court from the 19 of October 2018The glossed resolution of the Supreme Court from 19 October 2018, signature III CZP 45/18 settles the issue presented by the District Court which referred to the problem of whether an item acquired during a joint property marriage partly from funds from the separate property of one of the spouses and partly from the joint property is wholly included in joint property, or is included in the property which includes more funds for gaining the item, or is included in separate property of one of the spouses and at the same time in joint marital property in shares equivalent to the proportion of funds allocated from these properties for acquiring the item? The gloss presents the factual situation stated by the District Court and the outlooks presented by the doctrine referring to the perception of separate and joint marital property. Then, the most vital issues from the Supreme Court resolution and the consequences of this resolution are presented.

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Participation in a Limited Liability Company as an Element of Marital Property

Law and Administration in Post-Soviet Europe ◽

10.2478/lape-2020-0003 ◽

2020 ◽

Vol 7 (1) ◽

pp. 22-33

Author(s):

Cezary Małozięć

Keyword(s):

Limited Liability ◽

Limited Liability Company ◽

Marital Property ◽

The Subject ◽

A Company ◽

Joint Property

AbstractThe subject of this study is the characterization of the rights and possible obligations of a spouse of a partner of a limited liability company. Participation in a company with limited liability belonging to one of the spouses sometimes enters into joint property, and in the event of the cessation of this communion, it is divided. The company’s share belongs to the inheritance property.

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AKIBAT HUKUM KEPAILITAN SUAMI TERHADAP HARTA BERSAMA MENURUT UNDANG-UNDANG KEPAILITAN (Analisis Putusan Mahkamah Agung Nomor: 057.PK/Pdt.Sus/2010)

10.31219/osf.io/g5evj ◽

2017 ◽

Author(s):

Siddik Meliasta Sebayang

Keyword(s):

Marital Status ◽

Descriptive Analysis ◽

Bankruptcy Law ◽

Legal Provisions ◽

Marital Property ◽

Joint Property ◽

Debt Payment ◽

Husband And Wife

Marital property is the property acquired during the marriage, regardless of who produced it (either husband or wife only, or husband and wife), then the property belongs to both and the marital property. Concerning the marital property of a husband or wife may act solely on mutual consent or consent of both parties. The existence of wealth in marriage is not only the possibility of property owned by each husband and wife. This study is a descriptive analysis that leads to normative juridical research. Based on the results of the study found that the marital status of husband or wife to marital property is same. The legal provisions concerning the payment of the debt of a spouse or husband for the settlement of the debt concerned shall be repayable on the goods of origin of the husband or the wife who holds the debt, unless the marriage agreement is made before it is executed. The consequences of the bankruptcy law of husbands against joint property can be applied as a joint bankruptcy because basically the unity of property is not only the merging of wealth but also the burden of payment. Bankruptcy husband and wife who married in unity of property, treated as bankruptcy unity of property. Settlement of bankruptcy dispute can be done through the mechanism of bankruptcy application and also through the mechanism of postponement of debt payment obligation in accordance with the rules of the applicable legislation.

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Glosa do uchwały Sądu Najwyższego z dnia 19 października 2018 r. (III CZP 45/18). Surogacja składników majątków osobistych małżonków w ustroju wspólności ustawowej

Studia Iuridica Lublinensia ◽

10.17951/sil.2020.29.3.267-276 ◽

2020 ◽

Vol 29 (3) ◽

pp. 267

Author(s):

Mirosław Nazar

Keyword(s):

Supreme Court ◽

Civil Law ◽

The Other ◽

Personal Property ◽

The Supreme Court ◽

Marital Property ◽

Joint Ownership ◽

Joint Property ◽

Property Regime

The gloss contains remarks on the resolution of the Supreme Court of 19 October 2018 (III CZP 45/18), according to which an item acquired under the joint marital property regime and financed partly from the funds derived from the personal property of one of the spouses and from their joint property becomes the personal property of the spouse concerned and the joint property of the spouses in the proportion corresponding to the proportion of the funds allocated from those assets for its acquisition, unless the funds from the personal property or the joint property transferred for the acquisition of the property was an expense towards the joint or personal property, respectively. The gloss states that the rules of civil law concerning the formation of fractional joint ownership and the regulation of the joint marital property do not justify the thesis supported in the commented resolution. The conclusion of the gloss contains a proposal for interpretation that is different from that put forward in the resolution of the Supreme Court. It must be assumed that an asset acquired by both spouses or by one of them during the period of their joint marital property in exchange for funds derived from the joint property and personal property of one of the spouses becomes ex lege a component of the joint property of the spouses, unless, under the agreement of the spouses, it is acquired as a fractional joint property, one share of which goes to the joint property and the other to the personal property.

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