scholarly journals The Property (Relationship) Amendment Act 2001: A Conceptual Change

2008 ◽  
Vol 39 (4) ◽  
pp. 813
Author(s):  
Nicola Peart
Keyword(s):  
Conceptual Change ◽  
Conceptual Basis ◽  
Property Relationship ◽  
Property System ◽  
Community Property ◽  
Competing Demands ◽  
Separate Property ◽  
Property Regime

When the Matrimonial Property Act 1976 was introduced, Tony Angelo and Bill Atkin analysed the Act in conceptual terms and welcomed the change from a purely separate property regime to a community property system. It steered an acceptable middle course between competing demands. The Act operated as a deferred community property regime on separation, which was relatively simple and predictable for most couples. This paper analyses the changes made by the Property (Relationships) Amendment Act 2001 and concludes that it has changed the conceptual basis of the property sharing regime, but not in a coherent or principled manner. While the community property system is strenghened in some respects, it is weakened in other respects and overall it introduces an undesirable level of uncertainty and unpredictability.

scholarly journals To Save State Residents: States' Use of Community Property for Federal Tax Reduction, 1939–1947

2009 ◽  
Vol 27 (3) ◽  
pp. 585-625
Author(s):  
Stephanie Hunter McMahon
Keyword(s):  
Income Tax ◽  
Family Income ◽  
Married Couples ◽  
State Law ◽  
Property System ◽  
Community Property ◽  
Tax Reduction ◽  
Marital Property ◽  
Federal Income Tax ◽  
Property Regime

In 1939, at the end of almost two decades of statewide want and despair, Oklahoma adopted the community property system “to save state residents on their federal income tax.” Between 1939 and 1947, Oklahoma and four other states openly and unabashedly exploited the Supreme Court's creation of what amounted to a tax loophole for the nation's wealthy; several more states seriously considered doing the same. In 1930, the Court had ruled that the community marital property regime of eight western states permitted their married couples to split family income between spouses, so that each spouse reported half of that income for federal income tax purposes. As a result of the federal government's progressive income tax bracket structure, in most cases this split meant that more of the family's income would be taxed in lower tax brackets. Thus, a property regime that was purely a creation of state law had the effect of reducing residents' federal tax obligations.

The Economics of Marriage

2011 ◽  
Vol 12 (Supplement) ◽  
pp. 28-41 ◽  
Author(s):  
Alessandro Cigno
Keyword(s):  
Strategic Behavior ◽  
Divorce Rate ◽  
Market Work ◽  
Community Property ◽  
Permanent Effect ◽  
Separate Property ◽  
Enhance Efficiency ◽  
The Cost ◽  
Property Regime ◽  
Future Date

AbstractIn a separate-property jurisdiction, marriage may induce domestic cooperation, and enhance efficiency in the production of children, because it may lend credibility to the prospective main earner’s promise to compensate the main childcarer at some future date, when the children will no longer be economically dependent on them. In a community-property jurisdiction, marriage will induce domestic cooperation, and enhance efficiency in the production of children, because it rules out strategic behavior. Whatever the matrimonial property regime, reducing the cost or difficulty of obtaining a divorce will have no permanent effect on the divorce rate. In separate-property jurisdiction, it will encourage marriage, and induce more married women to specialize in market work. Couples should be allowed to choose the matrimonial property regime.

scholarly journals Indigenous Customary Law and International Intellectual Property: Ascertaining an Effective Indigenous Definition for Misappropriation of Traditional Knowledge

2020 ◽  
Vol 51 (4) ◽  
pp. 597
Author(s):  
Nopera Dennis-McCarthy
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Customary Law ◽  
World Intellectual Property Organization ◽  
Effective Protection ◽  
System A ◽  
Property System ◽  
The World ◽  
Definition Of ◽  
Property Regime

The effective protection of indigenous traditional knowledge from misappropriation is a fundamental challenge faced by the intellectual property system. A substantial aspect of this challenge is how the intellectual property regime can practically utilise or incorporate indigenous customary law as a means of protection against misappropriation, when there is an inherent tension between the former and the latter. Any international legal instrument intended to protect against misappropriation of indigenous traditional knowledge will have to contend with this tension: a definition of misappropriation ought to encourage use of local indigenous customary law, but it also must be practically applicable within the confines of the intellectual property system. Consequently, this article considers the challenge in two parts. The first part requires ascertainment of a potential international legal definition of misappropriation that will uphold and maintain indigenous customary law, in the context of the World Intellectual Property Organization (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) draft articles. To ensure the definition effectively affirms indigenous customary law, it will be based on three key "approaches" to indigenous custom. The second part entails application of the definition to the domestic context, namely through the case studies of New Zealand and Australia, and a subsequent critique of the difficulties of application, to illustrate the challenge of incorporating indigenous customary law within the intellectual property system. This article concludes that the risks inherent in an aspirational definition of misappropriation which may have some challenges in application are outweighed by the potential of normalising and encouraging indigenous customary law as the foundational basis for truly effective protection of traditional knowledge against misappropriation.

scholarly journals El fuero del Baylío, a propósito del comentario de la sentencia de la Audiencia Provincial de Badajoz, de 18 enero 2019 = The “fuero del Baylío”, with occasion of commentary of the judgment of the Appeal Court of Badajoz, 18th January 2019

2019 ◽  
Vol 11 (2) ◽  
pp. 747
Author(s):  
Juliana Rodríguez Rodrigo
Keyword(s):  
Customary Law ◽  
Appeal Court ◽  
Community Property ◽  
Property Regime

Resumen: La Audiencia Provincial de Badajoz ha vuelto a pronunciarse sobre la aplicación del Fuero del Baylío, en esta ocasión, en relación con una pareja con vecindad civil en Valencia del Ventoso (Badajoz). La sentencia reitera, una vez más, la vigencia y aplicabilidad de esta institución de Derecho consuetudinario foral.Palabras clave: Fuero del Baylío, régimen económico matrimonial, régimen de comunidad universal de bienes, régimen de sociedad de gananciales, derecho consuetudinario, derecho foral, costumbre.Abstract: The Appeal Court of Badajoz has returned to pronounce on the application of the Fuero del Baylío, on this occasion, in relation to a couple with civil vicinity in Valencia del Ventoso (Badajoz). The judgement afirms, once more time, the validity and applicability of this institution.Keywords: Fuero del Baylío, matrimonial property regime, universal community property regime, community property regime, customary law, foral law, custom.

scholarly journals The Rights of Each Wife in the Division of Community Property in Polygamous Marriage According to Law Number 1 Of 1974 Concerning Marriage

2019 ◽  
Vol 6 (1) ◽  
pp. 355
Author(s):  
Nurul Maulidah ◽  
Thohir Luth ◽  
Iwan Permadi ◽  
Masruchin Ruba’i
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Property Ownership ◽  
Legal Norms ◽  
Polygamous Marriage ◽  
Legal Science ◽  
Community Property ◽  
Separate Property ◽  
Husband And Wife

This study aims to analyze the norms that all wives have the same rights over community property obtained since the marriage took place as the norm in Article 65 paragraph (1) letter c of Law number 1 of 1974 concerning Marriage. Therefore, this will get answers to the rights of each wife to community property in the division of community property in polygamous marriage. This research includes the type of legal research. The research method is based on the nature of legal science whose object is the norm. Legal research assesses legal norms so that it is normative. A man and woman before marriage each have complete rights to their property. After binding themselves to a marriage institution, there are norms governing their rights to property ownership. Community property in a marriage is realized by the effort of husband and wife; however, the capital can also come from separate property or gifts from each husband and wife which are manifested into property in marriage. Determination of community property in polygamous marriages is only based on marriage in which each wife can ignore the rights of another wife.

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