Rostock, Jur. Diss. v. 10. Sept. 1911, Ref. Matthiass.

Project (M.P.P.) - Simon Fraser University, 2006. / Theses (Master of Public Policy Program) / Simon Fraser University. Also issued in digital format and available on the World Wide Web.

This diploma thesis deals with community property ("CP"). CP is one of the institutional property regimes. CP is known from the times of Roman Empire and made significant progress until nowadays. In Europe, CP differs from country to country. In the Czech Republic, CP is created by law at the time spouses enter into marriage. CP can be modificated before entering into a marriage as well as after. CP can be modificated by spouses or by court. CP can also be avoided. Modification of CP has its effects; if existed, it must be adjusted, and has also significant effects on spouses' creditors. CP's legal base is very brief and lets wide scope of answers unanswered. For example, Civil Code nr. 89/2012 as well as Civil Code nr. 40/1964 does not specify the age when engaged couple can make a prenuptial agreement or uses indefinite legal terms (spouses' typical house equipment, etc.) The thesis is composed of 10 chapters and describes the legal basis for modification of CP, and the effects of modification of CP. The goal of my work is to describe the subject of CP, how CP works in practice, and describe how to modificate a CP. Chapter one (Historical excursion) leads us through history of this legal institute, starting in Roman Empire and ending with new Civil Code (nr. 89/2012). Chapter two (CP in Europe) is a...

University of Macau / Faculty of Law

Thesis (doctoral)--Universität Erlangen.

Thesis (Ph. D.)--Universiṭat Tel-Aviv, Tel-Aviv, 1980. / Abstract in English. Title on added t.p.: Jewish legislation (Talmudic era) regarding the economic relations between spouses. Includes bibliographical references.

Thesis (doctoral)--Universität Hannover, 2006? / Includes bibliographical references.

This thesis is focused on the theme of parity and disparity in settlements of common marital property. The main aim of this work is to analyze the topic of parity and disparity in settlements of common marital property, which is not summarized complexly in professional literature. The thesis is composed of seven chapters, which are divided into sections and subsections. Chapter One is an introductory chapter which provides the basic starting points and main purpose of this thesis. Chapter Two describes the historical development and conception of common marital property in our legal environment. Encompassing changes from Roman law through to modern Czech law. Chapter Three contains a short introduction to the topic, the basic characteristics of common marital property together with its creation, termination, regimes, modifications, settlement and methods of settlement are described in the beginning of the text. This chapter is used as a base for all other parts of the thesis. Chapter Four is the core of the thesis. It will deal with the conditions, reasons and consequences of using disparity in the case of settlement of community property. The topic is analyzed considering the basic normative starting points of parity and disparity. Current judicature is very important source of this thesis and is...

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-03-19T12:20:36Z No. of bitstreams: 1 José Lourenço.pdf: 1722930 bytes, checksum: afb42cec7b647e453e4efd7f9129d03d (MD5) / Made available in DSpace on 2018-03-19T12:20:36Z (GMT). No. of bitstreams: 1 José Lourenço.pdf: 1722930 bytes, checksum: afb42cec7b647e453e4efd7f9129d03d (MD5) Previous issue date: 2018-02-20 / The theme of this work is about the possibility of changing the property regime in marriage and its effects. Comparative law served as a basis for suggestions based on the experience of legal systems in other countries, especially European countries, in order to take advantage of their advances made possible by years of practice that could be adapted to our planning, including the idea of creating a and a secondary regime of assets. Given the main theme, of the effects of the changes, we seek to establish a criterion to establish a safe differential in order to standardize the effects that could arise from changes in the regime of goods, arriving as a unifying criterion regarding greater or lesser communicability of the goods in each species of the scheme. Undoubtedly, both in choice and change is a criterion that has a fair differential factor and applicable to all changes in the regime of goods. Based on this conclusion, we observed that alterability should have a retroactive effect for the standardization of the property regime throughout the unions, for greater equity between the spouses and the security of third parties. In order to do this, eventual sharing processed together with the alteration of the property regime, in some cases, would eliminate both the equity between the spouses, the freedom, as well as the guarantee to third parties. It was interesting to discover that the idea of intercurrent sharing had already become a legal requirement in Belgium, a fact which, combined with the system of primary and secondary goods, could bear good fruit in our legal system. We did not find any legislation that used these criteria concomitantly, used them in turn. We offer the final lege ferenda trying to give practical use to the conclusions drawn from the research / O tema deste trabalho versa sobre a possibilidade de alteração do regime de bens no casamento e seus efeitos. O direito comparado serviu como fundamento de sugestões em função da experiência dos ordenamentos jurídicos de outros países, em especial europeus, a fim de aproveitarmos os avanços adquiridos por anos de prática que pudessem ser adaptados ao nosso ordenamento, inclusive na ideia da criação de um regime básico e um regime secundário de bens. Posto o tema principal, dos efeitos das alterações, procuramos buscar um critério para estabelecer um diferencial seguro para uniformizar os efeitos, que poderiam advir das variações do regime de bens, chegando como critério uniformizador relativo a maior ou menor comunicabilidade dos bens em cada espécie de regime. Sem dúvida, tanto na escolha como nas mudanças, é um critério que possui um fator diferencial justo e aplicável a todas as alterações do regime de bens. Com base nesta conclusão observamos que a alterabilidade deveria ter efeito retroativo para uniformização do regime de bens ao longo das uniões, para maior equidade entre os cônjuges e a segurança de terceiros. Para tanto, eventual partilha processada conjuntamente com a alteração do regime de bens, em alguns casos, supriria tanto a equidade entre cônjuges, pela liberdade, bem como a garantia a terceiros. Interessante foi descobrir que a ideia da partilha intercorrente já se havia tornado exigência legal na Bélgica, fato que associado ao regime de bens primário e secundário poderiam dar bons frutos em nosso ordenamento jurídico. Não encontramos nenhuma legislação que utilizasse destes critérios concomitantemente, mas apenas alternadamente. Oferecemos ao final lege ferenda tentando dar utilidade prática às conclusões da pesquisa

The recognition in law of pension benefits and expectancies, as a matrimonial asset which may be subject to certain claims (and counterclaims), occured in South Africa in 1989. The starting point of this development was an investigation in 1984, on: "the possibility of making provisions for a divorced woman to share in the pension benefits of her former husband ". This investigation came about, in South Africa, after the matter had already been accepted, in many foreign legals systems, as a well-established, and most important concept of family law. The obvious question for the South African legislature was which of the pension-sharing schemes throughout the world would best serve as a model. Since the South African accrual system was largely based on the German Zugewinngemeinschaft, it seemed only natural that a close comparative study should be made of Germany's Versorgungsausgleich scheme. It is one of the aims of this thesis to point out whether and to what extent South Africa followed the German example. To do so, it will be necessary to examine first the different legal situations which were prevalent before and after the legal changes in the two countries and to elaborate on the reasons which led to these changes. The discussion in chapter three of how the German system of equalisation of pension expectancies, the so-called Versorgungsausgleich, is applied, will facilitate a comprehensive comparison with the South African scheme. The questions to be answered in the fifth chapter are whether it is appropriate to examine the equalisation of pension expectancies under South African law, which was only recently introduced, in a comparison with the German system and whether it is possible to speak of a Versorgungsausgleich when referring to the South African situation. Whenever possible, I have attempted to suggest solutions that may appear acceptable. To conclude the thesis, certain pension sharing problems arising under South African private international law will be briefly commented upon. / Private Law / LLM