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The Global ETD Search service is a free service for researchers
to find electronic theses and dissertations. This service is
provided by the
Networked Digital Library of Theses and Dissertations.
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 21 to 30 of 37 (0.048 seconds)| 21 |
Společné jmění manželů se zaměřením na vypořádání po jeho zániku / Community property focused on settlement after its terminationLinhartová, Aneta January 2014 (has links)
The aim of my thesis is to analyse the new legal regulation of community property included in the "new" Czech civil code - Act No. 89/2012 Coll. - and in this connection, to focus mainly on the settlement after its termination. The new legislation of this issue is quite brief and there are many questions arising in this context which are not clear. The thesis is composed of nine chapters. Chapter one characterises the legal term of the community property and its basic features. Chapter two describes marital property relations in a historical context, beginning with their roots in the Roman law and continuing with particular historical periods of legal regulation of these relations on the territory of the current Czech Republic. Chapter three outlines an extent of the community property and its governance in the statutory arrangement. Chapter four is concerned with contractual modifications of the community property and with an arrangement established by a court decision. A part of this chapter also investigates a question of protection of third parties in the connection with the community property. Chapter five deals with possible ways how the community property terminates. It explores both the ways of the termination of the community property although marriage continues and the ways of the...
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Outlaws and their mortgages an analysis of the Property (Relationships) Act 1984 (NSW) /Cahill, Erin Elizabeth. January 2005 (has links)
Thesis (Ph.D.)--University of Wollongong, 2005. / Typescript. Includes bibliographical references: leaf 264-292.
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A comparative analysis of the equalisation of pension benefits under South African and German lawSpitz, Volker Gerhard Anton 06 1900 (has links)
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
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The development of the law of inheritance and patrimonial property in post-emancipation Russia and its social, economic, and political implicationsWagner, William G. January 1980 (has links)
No description available.
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Divorce benefits to non-member spouse under section 37D of the pension funds act 24 of 1956Carrim, Nazia January 2013 (has links)
Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013 / This mini dissertation relates to the payment of divorce benefits to a former spouse upon divorce and recent amendments that have taken place in the Pension Funds Act 24 of 1956.Particular reference is made to the amendment of Section 37D.This amendment has brought about changes that will contribute positively to the development of South African Retirement Law. The discussion below deals with the unfairness to non-member former spouses before 1st November 2008. An analysis of pension interest taking into account relevant statutory provisions and case law will be dealt with as well. A classification between a member spouse and a former spouse in order to determine who is responsible to pay tax upon divorce. In terms of the Divorce Act 70 of 1979 the former spouse of a retirement fund on divorce could be awarded by the court a portion of the benefits that the member would have received had she/he resigned on the date of divorce. The former spouse was only entitled to receive that share when the member became entitled to a benefit in terms of the rules of the fund which states on his/her retirement or termination of membership which could have been many years after the date of the divorce. Dissolution of Customary marriages will also be discussed and the benefit a divorced spouse has at the dissolution of marriage.
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A comparative legal analysis of the effects of divorce on marital propertyMakola, Thulelo Mmakola 01 1900 (has links)
The movement of people from county to country brought about an increase in international marriages. However, South African private international law rules with regard to the proprietary consequences of marriage are not on par with their foreign counterparts. The prejudicial rule which governs proprietary consequences of marriage has raised difficulties for our courts in past and recent cases. The advent of a new constitutional dispensation in South Africa forbids discrimination based on sex, gender and marital status. Furthermore, the question is asked whether parties to a marriage with a foreign matrimonial domicile may rely on section 7(3) of the Divorce Act 70 of 1979. The classification of redistribution orders in private international law matters has given rise to uncertainty.
The objectives of the study are to suggest workable alternatives to the current connecting factor for proprietary consequences of marriage in South African private international law and to investigate the availability of redistribution orders to spouses applying for divorce in South Africa. / Private Law / LL. M.
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His, Hers, and Theirs: Domestic Relations and Marital Property Law in Texas to 1850Stuntz, Jean A. 05 1900 (has links)
Texas law regarding the legal status of women and their property rights developed from the mingling of Spanish and English laws. Spanish laws regarding the protection of women's rights developed during the centuries-long Reconquest, when the Spanish Christians slowly took back the Iberian Peninsula from the Moorish conquerors. Women were of special importance to the expansion of Spanish civilization. Later, when Spain conquered and colonized the New World, these rights for women came, too.
In the New World, women's rights under Spanish law remained the same as in Spain. Again, the Spanish were spreading their civilization across frontiers and women needed protection. When the Spanish moved into Texas, they brought their laws with them yet again. Archival evidence demonstrates that Spanish laws in early Texas remained essentially unchanged with regard to the status of women.
Events in the history of England caused its legal system to develop in a different manner from Spain's. In England, the protection of property was the law's most important goal. With the growth of English common law, husbands gained the right to control their wives's lives in that married women lost all legal identity.
When the English legal system crossed the Atlantic and took root in the United States, little changed, especially in the southern states, when migrants from there entered Texas. When these Anglo-American colonists came into contact with Spanish/Mexican laws, they tended to prefer the legal system they knew best. Accordingly, with the creation of the Republic of Texas, and later the state of Texas, most laws derived from English common law. From Spanish laws, legislators adopted only those that dealt with the protection of women, developed on the Spanish frontier, because they were so much more suitable to life in Texas. Later lawmakers and judges used these same laws to protect the family's property from creditors, as well as to advance the legal status of women in Texas.
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Die Anwendung der Vorschriften des Allgemeinen Landrechts für die Preußischen Staaten über die eheliche Gütergemeinschaft in der Praxis des Königlichen (Geheimen) Obertribunals in der Zeit von 1837 bis 1879 /Schmüser, Simone Leona. January 2007 (has links) (PDF)
Univ., Diss.--Kiel, 2006.
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WOMEN’S MARITAL PROPERTY IN SHAKESPEARE’S ALL’S WELL THAT ENDS WELL AND MEASURE FOR MEASUREWilliams, Christian Brant 28 August 2017 (has links)
No description available.
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Manželské majetkové právo / Law regulating property of spousesNěmečková, Adéla January 2017 (has links)
The topic of my diploma thesis is "Law regulating property of spouses". The diploma thesis concerning marital property law is focused mainly on community property. This institute comes into power as a result of entering into a marriage. The aim of the diploma thesis is to describe ways how to secure separate property of spouses in a marriage. The thesis consists of seven chapters, the first chapter is an introduction to this topic and the seventh chapter is a conclusion. The second chapter of my thesis is devoted mainly to the historical development of the community property since 1811 to the current legislation often called as the "new" Civil Code (no. 89/2012). The diploma thesis describes in its third chapter which property consists of community property and which property is excluded from community property. The fourth chapter is focused on a division of community property in case of dissolution of a marriage. Community property can be divided equally between spouses (a husband and a wife) or differently. Spouses can agree on the division of property or it could be decided by court ruling. If either of the spouses does not ask for court decision, the division of community property is achieved by legal presumption (the rules set in the Civil Code for the division of property used after certain...
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