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The Global ETD Search service is a free service for researchers
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Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
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Showing 11 to 20 of 20 (0.09 seconds)Spelling suggestions: "subject:"eommunity off property"" "subject:"eommunity oof property""
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Problematika společného jmění manželů v insolvenčním řízení, s důrazem na majetkovou podstatu a společné oddlužení / The issuses of the community property in insolvency proceedings, with the emphasis on the property and common discharge of debtsPernecká, Sarah January 2017 (has links)
The Title of the Diploma Thesis The issues of the community property in insolvency proceedings, with the emphasis on the property and common discharge of debts. Resume: The aim of this thesis is to map the field of the issues of the community property in insolvency proceedings; both in case of solving the insolvency of the debtors through discharge of the debts and in case of the bankruptcy. These are very hot issues because the current legal regulations are insufficient in their reaction to the problems which appear in common practice. Another reason is the wide variety of these problems which the practice brings and which cannot be answered with the help of the law. I tried to point out some of them and in the second part of the thesis to propose some particular cases and their solutions. Regarding the contents of this thesis it is divided into two parts, namely theoretical and practical. The first part also contains in its introduction the evaluation of the current legal regulations and the amendments being prepared, in particular the amendment No. 64/2017 Coll., which will be effective since 1st July 2017 and brings a lot of essential changes. Further I focused on the terms community property (its formation, termination, object and potential modifications) and the term property (its securing and extent,...
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Lewenspolisse, huwelike binne gemeenskap van goed en die berekening van boedelbelasting / Yolandi van VuurenVan Vuuren, Yolandi January 2010 (has links)
The treatment of life insurance policies in deceased estates and the effect thereof on marriages
in community of property is the cause of various problems for executors. In terms of section
3(3) of the Estate Duty Act 45 of 1955 life insurance policies are deemed to be assets of the
deceased. Consequently life insurance policies are reflected in the estate duty addendum of
the deceased estate.
Life insurance policies however are not always reflected in the liquidation account of the
deceased estate as assets, notwithstanding the fact that life insurance policies are deemed to
be assets for estate duty purposes. In this regard a distinction should be made between two
situations: firstly where life insurance policies are reflected in the liquidation account of the
insured estate and secondly where life insurance policies are not reflected in the liquidation
account of the insured.
For spouses married in community of property this creates a problem especially when you keep
in mind that life insurance policies are in many instances a person's biggest monetary asset.
When life insurance policies are reflected in the liquidation account of the insured, the surviving
spouse has a claim on half of the policy proceeds. When life insurance policies are not
reflected in the liquidation account of the insured, the surviving spouse has no claim on the
policy proceeds.
The problem that arises in this regard is that there is no certainty as to what extent life
insurance policies should be included in the calculation of estate duty, and how these policies
must be reflected in the estate of the deceased. This uncertainty has been perpetuated by
courts. This research will illustrate how the courts came to different conclusions where the facts
were more or less similar. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2010.
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Lewenspolisse, huwelike binne gemeenskap van goed en die berekening van boedelbelasting / Yolandi van VuurenVan Vuuren, Yolandi January 2010 (has links)
The treatment of life insurance policies in deceased estates and the effect thereof on marriages
in community of property is the cause of various problems for executors. In terms of section
3(3) of the Estate Duty Act 45 of 1955 life insurance policies are deemed to be assets of the
deceased. Consequently life insurance policies are reflected in the estate duty addendum of
the deceased estate.
Life insurance policies however are not always reflected in the liquidation account of the
deceased estate as assets, notwithstanding the fact that life insurance policies are deemed to
be assets for estate duty purposes. In this regard a distinction should be made between two
situations: firstly where life insurance policies are reflected in the liquidation account of the
insured estate and secondly where life insurance policies are not reflected in the liquidation
account of the insured.
For spouses married in community of property this creates a problem especially when you keep
in mind that life insurance policies are in many instances a person's biggest monetary asset.
When life insurance policies are reflected in the liquidation account of the insured, the surviving
spouse has a claim on half of the policy proceeds. When life insurance policies are not
reflected in the liquidation account of the insured, the surviving spouse has no claim on the
policy proceeds.
The problem that arises in this regard is that there is no certainty as to what extent life
insurance policies should be included in the calculation of estate duty, and how these policies
must be reflected in the estate of the deceased. This uncertainty has been perpetuated by
courts. This research will illustrate how the courts came to different conclusions where the facts
were more or less similar. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2010.
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Návrh financování zateplení bytového domu / Financial Proposal for Thermal Insulation of an Apartment BuildingRatkovská, Lenka January 2009 (has links)
Thesis "FINANCIAL PROPOSAL FOR THERMAL INSULATION OF AN APARTMENT BUILDING" deals with possibilities of financing the reconstruction of panel house, analysis of offers in Czech market and optimal proposal for financing such kind of reconstruction. Theoretical part contains following kinds of financing possibilities: home loan, mortgage, no-purpose credit and not bank loan. Practical part of thesis compares offers from Czech banks. In last part of thesis I propose the optimal financial plan for this reconstruction on base of requirements of supplier of reconstruction and banks conditions.
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Boedelimplikasies vir partye wat getrou het of 'n siviele vennootskap voltrek het ingevolge die Civil Union Act / Peet VermeulenVermeulen, Peet January 2014 (has links)
In this research report the estate implications for a marriage or civil partnership, entered into in terms of the Civil Union Act, are identified by determining the impact thereof and whether or not there are any differences with regard to the estate implications of a traditional marriage.
The Civil Union Act came into effect to give legality to the relationship between homosexual couples by providing the option to conclude a marriage or civil partnership. Both of these institutions thus have the same legal consequences.
According to Section 13 of the Civil Union Act the implications of the Marriage Act also apply to the Civil Union Act. The feasibility of this principle is not taken into account regarding estate implications. Since a marriage and civil partnership in terms of the Civil Union Act differs from a traditional marriage, it leads to uncertainty with regard to the application of this principle. This uncertainty and estate implications are the topic of this study.
The total effect of the Civil Union Act is not discussed in the Civil Union Act, but rather consists of references to other legislation. Consequently the specific estate implications for a marriage or civil partnership, entered into in terms of the Civil Union Act, are discussed with specific focus on marriage regimes, maintenance, purchasing of household necessities, donations and tax benefits. Both the position before and after the Civil Union Act are considered.
Firstly marriage regimes are discussed since it is the first step in identifying estate implications for the marriage or civil partnership. Maintenance is considered a direct result of a marriage and is referred to in many laws. It is therefore necessary to discuss the content of the legislation and whether or not it is compatible with the Civil Union Act. The buying of household necessities, donations and tax benefits has a unique effect on a marriage and the focus in this study is on the effect it has on a marriage and civil partnership entered into in terms of the Civil Union Act. The conclusion is that this research report will provide clarity on what exactly the estate implications are for parties who have married or concluded a civil partnership in terms of the Civil Union Act. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2014
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Boedelimplikasies vir partye wat getrou het of 'n siviele vennootskap voltrek het ingevolge die Civil Union Act / Peet VermeulenVermeulen, Peet January 2014 (has links)
In this research report the estate implications for a marriage or civil partnership, entered into in terms of the Civil Union Act, are identified by determining the impact thereof and whether or not there are any differences with regard to the estate implications of a traditional marriage.
The Civil Union Act came into effect to give legality to the relationship between homosexual couples by providing the option to conclude a marriage or civil partnership. Both of these institutions thus have the same legal consequences.
According to Section 13 of the Civil Union Act the implications of the Marriage Act also apply to the Civil Union Act. The feasibility of this principle is not taken into account regarding estate implications. Since a marriage and civil partnership in terms of the Civil Union Act differs from a traditional marriage, it leads to uncertainty with regard to the application of this principle. This uncertainty and estate implications are the topic of this study.
The total effect of the Civil Union Act is not discussed in the Civil Union Act, but rather consists of references to other legislation. Consequently the specific estate implications for a marriage or civil partnership, entered into in terms of the Civil Union Act, are discussed with specific focus on marriage regimes, maintenance, purchasing of household necessities, donations and tax benefits. Both the position before and after the Civil Union Act are considered.
Firstly marriage regimes are discussed since it is the first step in identifying estate implications for the marriage or civil partnership. Maintenance is considered a direct result of a marriage and is referred to in many laws. It is therefore necessary to discuss the content of the legislation and whether or not it is compatible with the Civil Union Act. The buying of household necessities, donations and tax benefits has a unique effect on a marriage and the focus in this study is on the effect it has on a marriage and civil partnership entered into in terms of the Civil Union Act. The conclusion is that this research report will provide clarity on what exactly the estate implications are for parties who have married or concluded a civil partnership in terms of the Civil Union Act. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2014
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The need for a flexible and discretionary system of marital property distribution in the South African law of divorceLowndes, Gillian Claire 11 1900 (has links)
Substantive gender equality has yet to be achieved in South Africa. As such, when a decision is made for one of the spouses to a civil marriage to stay at home and care for the children born of the marriage, or make career sacrifices to care for children, that spouse is usually the wife. As a result, while the husband continues to amass wealth and grow his earning potential, the wife is unable to do so. In circumstances where such spouses are married out of community of property or subject to the accrual system with onerous exclusion clauses in the antenuptial contract, the wife may be left with little more than a claim for rehabilitative maintenance in the event of a divorce. The courts only have the discretion to make an equitable distribution of marital property in civil marriages with complete separation of property concluded prior to 1 November 1984 (or 2 December 1988) and customary marriages. It is arguable that this limitation of the judicial discretion violates the equality clause contained in the Constitution of the Republic of South Africa, 1996. A broad judicial discretion to equitably redistribute the spouses’ assets upon divorce is therefore proposed in this dissertation. / Private Law / LL.M.
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The need for a flexible and discretionary system of marital property distribution in the South African law of divorceLowndes, Gillian Claire 11 1900 (has links)
Substantive gender equality has yet to be achieved in South Africa. As such, when a decision is made for one of the spouses to a civil marriage to stay at home and care for the children born of the marriage, or make career sacrifices to care for children, that spouse is usually the wife. As a result, while the husband continues to amass wealth and grow his earning potential, the wife is unable to do so. In circumstances where such spouses are married out of community of property or subject to the accrual system with onerous exclusion clauses in the antenuptial contract, the wife may be left with little more than a claim for rehabilitative maintenance in the event of a divorce. The courts only have the discretion to make an equitable distribution of marital property in civil marriages with complete separation of property concluded prior to 1 November 1984 (or 2 December 1988) and customary marriages. It is arguable that this limitation of the judicial discretion violates the equality clause contained in the Constitution of the Republic of South Africa, 1996. A broad judicial discretion to equitably redistribute the spouses’ assets upon divorce is therefore proposed in this dissertation. / Private Law / LL. M.
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The law giveth and the law taketh away : Marriages out of community of property excluding accrual post 1984/88Welsh, Shirley Anne Vera 11 1900 (has links)
Because women are predominantly responsible for childcare, men are the primary income
earners. Having acquired the marital assets, on divorce the husband would retain them in a
marriage out of community of property. The wife would be left deskilled, financially
dependent, with little likelihood of receiving spousal maintenance and with no marital assets.
In 1984 the Matrimonial Property Act and in 1988 the Matrimonial Property Law Amendment
Act introduced a judicial discretion to equitably redistribute marital assets in certain
marriages out of community. This dissertation argues that the bases for the limitation of the
judicial discretion to women married before a certain date are unsound and that the limitation
arguably violates the equality clause of the Constitution. / Law / LL.M.
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The law giveth and the law taketh away : Marriages out of community of property excluding accrual post 1984/88Welsh, Shirley Anne Vera 11 1900 (has links)
Because women are predominantly responsible for childcare, men are the primary income
earners. Having acquired the marital assets, on divorce the husband would retain them in a
marriage out of community of property. The wife would be left deskilled, financially
dependent, with little likelihood of receiving spousal maintenance and with no marital assets.
In 1984 the Matrimonial Property Act and in 1988 the Matrimonial Property Law Amendment
Act introduced a judicial discretion to equitably redistribute marital assets in certain
marriages out of community. This dissertation argues that the bases for the limitation of the
judicial discretion to women married before a certain date are unsound and that the limitation
arguably violates the equality clause of the Constitution. / Law / LL.M.
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