The purpose of the study is to determine the scope of application of the construction of abuse of subjective rights in cases involving the establishment of a regime of separate property by the court ...and the determination of unequal shares in the common property. The prerequisite for both the establishment of the regime of separate property and the determination of unequal shares in the common property are “important reasons”. In order to determine the admissibility of the application of Article 5 of the Polish Civil Code it is therefore necessary to define the meaning of the terms “important reasons” and “rules of social coexistence”. It is assumed herein that general clauses are a kind of reference, in terms of the interpretation of provisions to generically defined norms and non-legal assessments, which have, in principle, an axiological moral justification and, consequently, that only evaluative phrases, as “rules of social coexistence” can be referred to using this term. “Important reasons”, on the other hand, are not an evaluative phrase but an estimative phrase and therefore not a general clause. It was also considered that it could not be ruled the assessment, under Article 5 of the Polish Civil Code, of the request for the regime of separate property to be established by the court or the request for the establishment of unequal shares in the common property, taking into account the extent to which each of the spouses contributed to its creation.
Marriage Settlements Laferrere, Anne
The Scandinavian journal of economics,
September 2001, Volume:
103, Issue:
3
Journal Article
Peer reviewed
French couples may choose between two types of marriage settlements governing asset ownership after a divorce or inheritance: common property or separate property. A cooperative model considers the ...marriage contract as a means of providing for widowhood of the less endowed spouse. A second model addresses the probability of divorce and the production of a marriage good. The common property contract then becomes a means of inducing the wife to invest in the marriage good. Choice of contract, labor supply and fertility are simultaneous. Empirically we find that characteristics of the spouses such as relative age or differences in endowments influence the choice. So do the expected number of children and the wife's labor supply decision. This last decision is also shown to be influenced by the chosen settlement, while fertility is not.
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Although divorce was impossible in France before the Revolution, the possibility of seeking judicial separations of person and property or of property alone offered early modern women opportunities ...to dissolve some of the bonds of marriage. This essay explores the choices and strategies evident in two hundred cases brought before an urban court of first instance in Nantes between 1598 and 1710. These cases show that at this level, women were twice as likely to petition for separate property alone as for separations of person and property and that petitions for separate property alone apparently increased over time. The justifications wives gave as well as the attitudes of spouses, judges, and members of the local community suggest some of the grounds on which the political economies of households were contested and negotiated.
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Observers say federal contractors and subcontractors should prepare themselves for additional regulations from the Department of Labor's Office of Federal Contract Compliance Programs with respect to ...veterans and the disabled. But they suggest waiting until the new regulations are actually imposed before taking any action.
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26.
Family Law Services Glenn, Donald A; Burak, Charles A
Litigation Services Handbook,
04/2017
Book Chapter
This chapter reports that family law, referred to as divorce or marital dissolution litigation, requires that experts value businesses and other property, trace accounts to ascertain the character of ...property or debt, understand complicated tax issues, and perform fraud investigations. The average divorce rate in the US is believed to be declining but is estimated at approximately 50 percent for first marriages and higher for subsequent marriages. One refers to property generally acquired through purchase, inheritance, or gift that is not community property as separate property. In some states, separate property from personal efforts begins on the date of separation. Other states acknowledge separate property from personal efforts only after the court has entered the judgment of dissolution of marriage. Parents have a legal obligation to provide support for and financial support of their children. Child support is subject to local law, the Uniform Interstate Family Support Act, and the Full Faith and Credit for Child Support Orders Act. Child support begins at birth and ends generally at emancipation, although this can vary slightly among the states. Interpretation of the term acquired by separate property often results in litigation and leads to tracing the origin of assets to a separate property source. Traditionally, property purchased during marriage acquires a character identical to that of the funds used to purchase it.
The issues of the date of valuation and date of separation can have a profound influence on the ultimate outcome of property division in a divorce settlement. When the business has either increased ...or decreased in value, courts may be called on to determine whether the increase or decrease should be attributed to the spouse managing the business or some other factor.
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In 1831 Victoria LeSassier, a wealthy Pensacola widow in her seventies, divorced her second husband, Pedro de Alba. Deeply in debt, Alba had recently threatened to take control of his wife’s separate ...estate, which was worth about $36,000. His financial problems had plagued their marriage since 1819, when LeSassier, suspecting that he had attempted to poison her in order to inherit her property, left Alba’s household and went to live with her son. She wrote Alba that she was quitting their marriage because he had treated her so badly that even a slave would have complained, and warned him: “But,
English common-law rules that transferred the property of women to their husbands upon marriage were part of the larger package of laws emigrants from England brought to Canada. These harsh rules ...left Canadian women in a most unenviable position—the equitable precedents that had evolved in England to prevent the most glaring instances of abuse had less impact in Canada where courts of equity developed slowly and sporadically, and many individuals had no practical access to their jurisdiction. The need for reform of married women's property law was made even more pressing because of an apparently high rate of wife abandonment, which left women without the benefit of matrimonial support, yet still subject to the disabilities of coverture.
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