Matrimonial property agreements Abstract The diploma thesis deals with marital property regimes, which are regulated by the Act No. 89/2012 Coll., the Civil Code. The thesis is focused on the three main areas of the problematics. The first area represents a legal regulation of the common property of the spouses, i.e. the statutory matrimonial property regime, the regime, by which marital property relations are regulated, unless a married couple, resp. spouses adjust these relations differently from the law. The second area of interest is a detailed analysis of a legal regulation of property relations of spouses on the basis of a contract, either before or during the marriage, i.e. the contractual regime. The third area examines the matrimonial property regime established by a court decision. The last part of the thesis is dedicated to the view of the Dutch matrimonial property law in comparison with the Czech legislation. With regard to the Czech property law of spouses the thesis may result in a de lege ferenda consideration Key words: matrimonial property law, matrimonial property regime, prenuptial agreement.

In the first part of this century, the traditional common law jurisdiction of England and Wales and the civil law jurisdiction of Taiwan simultaneously gave increased legal recognition of the homemaker’s non-financial contributions to the marriage relationship, albeit using quite different mechanisms to achieve this. Family law in both jurisdictions has faced the issue of whether it should adapt to changed social norms by better reflecting the equal partnership discourse of marriage in the value that should be given to non-financial contributions typically made by women, such as housework and childcare, both during the marriage and on divorce. Yet, whether and how to do this has been the subject of much debate in both jurisdictions. This thesis therefore considers how the laws in these jurisdictions assess the value of non-financial contributions, before, during and after marriage (i.e. on divorce). It explores the extent to which they meet the aim of achieving substantive gender equality by weighing their achievements against the principles of gender mainstreaming. In order to evaluate this in the context of Taiwan where a gender mainstreaming approach was employed to frame the recent legislative reforms, a qualitative empirical research study was undertaken. The study also considers how social and cultural norms operate alongside or in opposition to the intended effects of legal developments in this field and argues that at the very least, stronger legal provisions going beyond gender neutral laws are needed to remove the traditional gendered assumptions about the low value of non-financial contributions. Therefore, this study intends to explore the problems which result from these socio-legal phenomena and, drawing on the strengths and weaknesses identified in the comparative study of Taiwan and England and Wales, put forward possible legal solutions. These, it is argued, involve a reconceptualisation of the value of non-financial contributions to marriage.

This thesis establishes that the redistribution of “matrimonial property” upon civil marriage breakdown is alien to Nigerian Family Law. A complete separation of property system operates in Nigeria. Comparatively, the thesis determines the suitability of some legal precepts existing in Australia, England and South Africa and how they could be employed in Nigeria. While Australia, England and South Africa have progressed with the tides and dynamism of the society, Nigerian law has remained unresponsive to the plight of spouses (especially female spouses) who are mostly financially disadvantaged on marriage breakdown. A default matrimonial property system, which is akin to the accrual system in South Africa, is proposed. The proposed matrimonial property system will preserve the independence and equality of spouses during marriage and upon its breakdown. A case is made for the recognition and enforcement of marital property agreements which will aid spouses in deciding how the financial and property aspects of their marriage will be regulated. The thesis, however, supports the recognition of the redistribution power of the courts, notwithstanding the matrimonial property system in operation. The courts’ discretion, in this regard, must be exercised sparingly, only when the justice of each case demands it. The need to give sufficient weight and valuable considerations to the indirect contributions of a homemaker and caregiver vis-à-vis the contributions of the breadwinner is advanced. The thesis takes the standpoint that concepts of equity and trust could play a vital role in the determination of the property rights of spouses on civil marriage breakdown. It concludes that there is a need to develop and improve the present legal framework on the property rights of spouses on civil marriage breakdown in Nigeria. / Thesis (LLD)--University of Pretoria, 2017. / Centre for Human Rights / LLD / Unrestricted

Submitted by Ana Valéria de Jesus Moura (anavaleria_131@hotmail.com) on 2014-08-26T14:07:58Z No. of bitstreams: 1 ERICA VERÍCIA DE OLIVEIRA CANUTO.pdf: 680084 bytes, checksum: 89f76f5fb21fd30d3d679b528802c8f9 (MD5) / Approved for entry into archive by Ana Valéria de Jesus Moura (anavaleria_131@hotmail.com) on 2014-08-26T14:08:27Z (GMT) No. of bitstreams: 1 ERICA VERÍCIA DE OLIVEIRA CANUTO.pdf: 680084 bytes, checksum: 89f76f5fb21fd30d3d679b528802c8f9 (MD5) / Made available in DSpace on 2014-08-26T14:08:27Z (GMT). No. of bitstreams: 1 ERICA VERÍCIA DE OLIVEIRA CANUTO.pdf: 680084 bytes, checksum: 89f76f5fb21fd30d3d679b528802c8f9 (MD5) / O regime patrimonial de bens no casamento e na união estável é o conjunto de regras que regem as relações patrimoniais entre os cônjuges ou companheiros.Com a entrada em vigor do novo Código Civil (lei nº 10.406, de 10 de janeiro de 2002), em 11 de janeiro de 2003, houve a mudança de diversos dispositivos atinentes à matéria. Suprimiu-se o regime dotal, acrescentou-se o regime de participação final nos aqüestos, além do que, se previu a possibilidade de alteração do regime de bens no curso do casamento. A mais importante das alterações referentes ao regime de bens, certamente foi a autorização para que os cônjuges pudessem mudar o regime de bens ainda quando em curso o casamento. Trouxe, como isso, um novo paradigma, revogando o princípio da imutabilidade dos pactos antenupciais. A presente pesquisa tem por objetivo analisar a nova regra a mutabilidade do regime de bens, seus requisitos, forma, efeitos, procedimento, bem como a realidade de outros países. O pedido deve ser submetido ao controle judicial, através de petição conjunta dos cônjuges, no qual farão exposição dos motivos que fundamentam o pedido, devendo comprovar a procedência das razões que invocam. Também há, no texto legal, a ressalva de direitos de terceiros, porventura prejudicados com a alteração do regime de bens, sendo ineficaz em relação a este. Os efeitos da modificação do regime de bens, semelhante ao pacto antenupcial, se condicionam ao registro junto ao Cartório de Registro Imobiliário no domicílio dos cônjuges. O procedimento é de jurisdição voluntária, não cabendo intervenção de quem quer que seja, além dos próprios cônjuges. E o juiz poderá designar audiência de ratificação do pedido ou mesmo de justificação, para comprovação da procedência das razões alegadas pelas partes. A análise da realidade de outros países, também objeto da pesquisa, se constitui um instrumento importante para conduzir o intérprete na aplicação do novo instrumento de garantia da liberdade contratual no âmbito do casamento. Por fim, faz-se uma avaliação positiva em relação à inserção da nova regra no ordenamento jurídico brasileiro.

This thesis discusses insolvency proceedings regarding an insolvency of one or both spouses. The author aims to explain problems occurring during such insolvency proceedings. The thesis is not limited to a description of these procedural peculiarities, but also discusses their impact on the matrimonial property. The author addresses above all a debt discharge and a bankruptcy, for these are the most frequent mechanisms to resolve an insolvency of the debtor. On the contrary the author does not address the reorganization, for it is not very frequently used in practise. Furthermore, the author does not address a position of legal persons in insolvency proceedings, since it is not of any importance for this thesis. The author only describes the current legislation as it is. The author therefore neither discusses legislation and court rulings prior the 2013 insolvency act revision, nor considers the revision of the insolvency law that is currently (2017) under way. The thesis is divided into four chapters. In the first chapter, the author briefly discusses matrimonial property law, since it is essential in order to understand legal arguments in the third and fourth chapter of this thesis. Similarly in the second chapter the author briefly introduces insolvency proceedings and establishes essential...

Matrimonial property regimes in Italian and Czech law Resumé This master thesis deals with matrimonial property regimes under the Italian Civil Code and the Czech Civil Code. This issue is significant not only from the perspective of spouses and their families, but also important for everybody who makes contract with a spouse. The purpose of this thesis is to analyse and compare Italian and Czech provisions related to marital property regimes and to point out similarities and differences between them. This thesis consists of an introduction, three parts that are further divided into chapters and a conclusion. The first part is an analysis of Italian provisions. It deals with the fundamental principles of the Italian legal system and matrimonial property regimes as codified in the Codice civile. First of all, it examines statutory community of property, marital assets (marital property, deferred community of property and liabilities), personal property and also deals with mandatory rules of the management of marital assets. Then it deals with contractual regimes, namely the separation of property, the property fund and other marital and prenuptial agreements. Subsequently, it examines the termination of community of property and the division of marital assets. The second part concerns the Czech provisions...

<p>On the assumption that the Bill of Rights in the Malawi Constitution has brought change in the enjoyment of rights by women married under customary family laws, this research study examines its impact on African customary family laws that are discriminatory against women in Malawi. The main focus is on customary family laws governing marriage, divorce, children after divorce, and inheritance in both patrilineal and matrilineal systems of marriages. The extent to which this has been reflected in practice is assessed in the light of women&rsquo / s rights law reforms and courts&rsquo / adjudication of customary family law issues.</p>

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<p>On the assumption that the Bill of Rights in the Malawi Constitution has brought change in the enjoyment of rights by women married under customary family laws, this research study examines its impact on African customary family laws that are discriminatory against women in Malawi. The main focus is on customary family laws governing marriage, divorce, children after divorce, and inheritance in both patrilineal and matrilineal systems of marriages. The extent to which this has been reflected in practice is assessed in the light of women&rsquo / s rights law reforms and courts&rsquo / adjudication of customary family law issues.</p>

No description available.