Marital Property Rights and the Conflict of Laws

1930 ◽  
Vol 43 (8) ◽  
pp. 1286 ◽  
Keyword(s):  
Property Rights ◽  
Conflict Of Laws ◽  
Marital Property

Equal Marital Property Rights

1983 ◽  
Vol 18 (2) ◽  
pp. 128-135
Author(s):  
Jocelynne A. Scutt
Keyword(s):  
Property Rights ◽  
Marital Property

scholarly journals Divorcing Marriage from Marital Assets: Why Equity and Women Fail in Property Readjustment Actions in Nigeria

2018 ◽  
Vol 62 (3) ◽  
pp. 427-446
Author(s):  
Michael Attah
Keyword(s):  
Property Rights ◽  
Court Cases ◽  
Conservative Approach ◽  
Marital Property ◽  
Definition Of ◽  
Property Regime

AbstractApplicable statutes give Nigerian courts discretion to achieve fairness in marital property readjustment. Ironically, the courts’ approach has often been to adjudicate on the basis of formal title, resulting in a general failure to make any readjustments. This article offers two alternative explanations for this judicial behaviour: absence of a specific statutory marriage-centred definition of matrimonial property; and the courts’ failure to appreciate the implicit matrimonial property regime revealed by a perspicacious interpretation of the statutes. These factors lead the courts to exercise a title-finding jurisdiction instead of an adjustive one. This conservative approach results in the courts exercising an exclusionary prescription of property. These flaws ignore the socio-cultural underpinnings and environment of marriage that support patriarchy in Africa and generally “disable” women in relation to property rights. Sample court cases support this thesis and underscore the need for a statutory definition of matrimonial property, with marriage as its denominator.

The Marriage Penalty: Women, Property Rights, and Credit Markets in Yucatán, 1850 – 1900

2008 ◽  
Vol 88 (3) ◽  
pp. 427-454
Author(s):  
Juliette Levy
Keyword(s):  
Nineteenth Century ◽  
Property Rights ◽  
Credit Markets ◽  
Credit Market ◽  
Mortgage Market ◽  
Legal Tradition ◽  
Economic Markets ◽  
Marital Property ◽  
Civil Codes ◽  
Property Regimes

Abstract This article addresses how marital property regimes acted as obstacles to the development of the Yucatán credit market. Marriage is a contract, and historically it carries with it significant financial corollaries. Dowries, marital property regimes, and inheritance laws were all designed to support the economic instrument that marriage represented. There are many other ways in which marriage intersects with markets; this article assesses the role of property rights, and specifically, married women’s property rights, in the credit markets of nineteenth-century Yucatán. Using mortgage contracts and probate records recorded by notaries, this article analyzes the participation of women in the local mortgage market, taking into account the legal context in which it developed, and explains how legal tradition and civil codes contributed to the distortions that affected women in the local credit market. This article shows specifically that the analysis of women’s participation in economic markets in the nineteenth century must take their marital status into account, as well as the unequal legal position of husbands and wives under the laws of the time, and concludes that marital property rights, and by extension marriage, played an important and unexpected role in the region’s credit market.

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