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Author :
Publisher :
ISBN 13 : 9781877569869
Total Pages : pages
Book Rating : 4.5/5 (698 download)
Download or read book Review of the Property (Relationships) Act 1976 written by and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : New Zealand. Law Commission
Publisher :
ISBN 13 : 9781877569937
Total Pages : pages
Book Rating : 4.5/5 (699 download)
Download or read book Review of the Property (Relationships) Act 1976 written by New Zealand. Law Commission and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Property (Relationships) Act 1976 (PRA) sets out the rules for how property owned by either or both partners is divided when they separate or when one of them dies. It applies to marriages, civil unions and de facto relationships. The policy of the pRA is the just division of property, and this policy is given effect primarily through the general rule that each partner is entitled to share equally in "relationship property", subject to limited exceptions. When first passed the PRA was seen as a significant and long-awaited step in the development of relationship property law in New Zealand. However, the PRA is now over 40 years old and in that time New Zealand has undergone a period of signifcant social change. The Law Commission was asked to review the PRA to determine whether it is still operating appropriately and effectively.
Author : Margaret Briggs
Publisher : Edward Elgar Publishing
ISBN 13 : 1802204687
Total Pages : 533 pages
Book Rating : 4.8/5 (22 download)
Download or read book Research Handbook on Family Property and the Law written by Margaret Briggs and published by Edward Elgar Publishing. This book was released on 2024-06-05 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.
Author : Jessica Palmer
Publisher :
ISBN 13 : 9781780684642
Total Pages : 0 pages
Book Rating : 4.6/5 (846 download)
Download or read book Law and Policy in Modern Family Finance written by Jessica Palmer and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful work by internationally recognised relationship property experts from New Zealand, Australia, England, and Germany addresses key questions about the legal division of property when a marriage, civil union, de facto relationship, or other close personal relationship ends.
Author : W.R. (Bill) Atkin
Publisher : Kluwer Law International B.V.
ISBN 13 : 940354614X
Total Pages : 284 pages
Book Rating : 4.4/5 (35 download)
Download or read book Family and Succession Law in New Zealand written by W.R. (Bill) Atkin and published by Kluwer Law International B.V.. This book was released on 2022-09-20 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in New Zealand covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with New Zealand. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
Author : Great Britain: Law Commission
Publisher : The Stationery Office
ISBN 13 : 9780118405379
Total Pages : 132 pages
Book Rating : 4.4/5 (53 download)
Download or read book Matrimonial Property, Needs and Agreements written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2012-09-11 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following its 2011 consultation on marital property agreements, the Law Commission has opened a supplementary consultation on needs and non-matrimonial property, Matrimonial Property, Needs and Agreements - A Supplementary Consulatation Paper (Consultation Paper No 208). The earlier paper examined the legal status of financial agreements made by husbands, wives and civil partners, often known as 'pre-nups' and 'post-nups'. The most important question addressed in that consultation was the enforceability of such agreements. This extension to the project followed the recommendation from Sir David Norgrove's Family Justice Review Panel for a review of the law relating to financial orders. The review is looking at two specific aspects of the law relating to financial provision on divorce: (i) to what extent one spouse should be required to meet the other's financial needs, and what exactly is meant by needs; and (
Author : Great Britain: Law Commission
Publisher : The Stationery Office
ISBN 13 : 0117302651
Total Pages : 380 pages
Book Rating : 4.1/5 (173 download)
Download or read book Cohabitation written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2006-05-31 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This consultation paper considers options for reform of the current law in relation to the property and financial rights of cohabiting couples (either opposite-sex or same-sex couples) when a relationship ends. Although the paper does discuss the situation in relation to when one of the partners dies, it focuses on whether a new scheme is needed to provide financial remedies on separation when a relationship breaks down. Amongst the provisional proposals, the Committee identifies the need for the introduction of new statutory remedies to address the separation of cohabiting couples who have children; however the situation for cohabitants without children is found to raise more difficult social policy questions and the views of consultees are sought about their eligibility within the proposed scheme. Other proposals include: that courts should be given discretion in determining financial claims on separation (rather than having fixed rules for property division) based on principles of the contributions of both parties to the joint household and to the welfare of dependent children both before and after separation; with the provision for an opt-out agreement for couples under the proposed statutory scheme. Responses to the proposals should be received by 30th September 2006 and a final report is due to be published by August 2007. An overview document summarising the key issues considered is available separately (ISBN 011730266X).
Author : Gautam Bhatia
Publisher : Bloomsbury Publishing
ISBN 13 : 150996763X
Total Pages : 281 pages
Book Rating : 4.5/5 (99 download)
Download or read book Horizontal Rights written by Gautam Bhatia and published by Bloomsbury Publishing. This book was released on 2023-08-24 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a new conceptual model for considering constitutional rights from a comparative perspective. A prestigious club bars women from standing for executive positions. A homeowner refuses to rent their house to a person on grounds of their race. Each of these real-life cases involves the exercise of private power, which deprives individuals of their rights. Can these individuals invoke the Constitution in response? Horizontal Rights: An Institutional Approach brings a fresh perspective to these age-old, yet fraught issues. This book argues that constitutional scholarship and doctrine, across jurisdictions, has proceeded from an inarticulate premise called 'default verticality.' This is based on a set of underlying philosophical assumptions, which presumes that constitutional rights are presumptively applicable against the State, and need special justification to be applied against private parties. Departing from default verticality and its assumptions, this book argues that constitutional rights should apply horizontally between private parties where the existence of an economic, social, or cultural institution creates a difference in power between the parties, and allows one to violate the rights of the other. The institutional approach aims to be both theoretically convincing, as well as a providing a workable model for constitutional adjudication. It applies both to classic issues such as restrictive covenants, as well as cutting-edge contemporary legal problems around the regulation of platform work and the distribution of property upon divorce. This promises to be an exciting new contribution to the global conversation around constitutional rights and private power.
Author : Elisabeth McDonald
Publisher : Bloomsbury Publishing
ISBN 13 : 1509909753
Total Pages : 575 pages
Book Rating : 4.5/5 (99 download)
Download or read book Feminist Judgments of Aotearoa New Zealand written by Elisabeth McDonald and published by Bloomsbury Publishing. This book was released on 2017-11-30 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection asks how key New Zealand judgments might read if they were written by a feminist judge. Feminist judging is an emerging critical legal approach that works within the confines of common law legal method to challenge the myth of judicial neutrality and illustrate how the personal experiences and perspectives of judges may influence the reasoning and outcome of their decisions. Uniquely, this book includes a set of cases employing an approach based on mana wahine, the use of Maori values that recognise the complex realities of Maori women's lives. Through these feminist and mana wahine judgments, it opens possibilities of more inclusive judicial decision making for the future. 'This Project stops us in our tracks and asks us: how could things have been different? At key moments in our legal history, what difference would it have made if feminist judges had been at the tiller? By doing so, it raises a host of important questions. What does it take to be a feminist judge? Would we want our judges to be feminists and if so why? Is there a uniquely female perspective to judging?' Professor Claudia Geiringer, Faculty of Law, Victoria University of Wellington 'With this book, some of our leading jurists expose the biases and power structures that underpin legal rules and the interpretation of them. Some also give voice to mana wahine perspectives on and about the law that have become invisible over time, perpetuating the impacts of colonialism and patriarchy combined on Maori women. I hope this book will be a catalyst for our nation to better understand and then seek to ameliorate these impacts.' Dr Claire Charters, Associate Professor, Faculty of Law, University of Auckland 'The work is highly illuminating and is critical to the development of our legal system ... It is crucial, not only for legal education, so that students of the law open their minds to the different ways legal problems can be conceptualised and decided. It is also crucial if we are going to have a truly just legal system where all the different voices and perspectives are fairly heard.' Professor Mark Henaghan, Dean of the Faculty of Law, University of Otago 'I believe this project is particularly important, as few academics or researchers in New Zealand concentrate on judicial method. I am therefore hopeful that it will provoke thoughtful debate in a critical area for society.' The Honourable Justice Helen Winkelmann, New Zealand Court of Appeal
Author : Ying Khai Liew
Publisher : Bloomsbury Publishing
ISBN 13 : 1509934812
Total Pages : 424 pages
Book Rating : 4.5/5 (99 download)
Download or read book Asia-Pacific Trusts Law, Volume 1 written by Ying Khai Liew and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity. This book does this by offering the first work that systematically explores trusts law across the region. Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book answers this need by bringing together leading legal scholars and practitioners in the region to explore the theory and practice of trusts law, contextualised to specific jurisdictions in the Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an academic and practitioner perspective to trusts law in the region.
Author : John Eekelaar
Publisher : Routledge
ISBN 13 : 1000096505
Total Pages : 570 pages
Book Rating : 4.0/5 ( download)
Download or read book Routledge Handbook of Family Law and Policy written by John Eekelaar and published by Routledge. This book was released on 2020-07-26 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes in family structures, demographics, social attitudes and economic policies over the last 60 years have had a large impact on family lives and correspondingly on family law. The Second Edition of this Handbook draws upon recent developments to provide a comprehensive and up-to-date global perspective on the policy challenges facing family law and policy round the world. The chapters apply legal, sociological, demographic and social work research to explore the most significant issues that have been commanding the attention of family law policymakers in recent years. Featuring contributions from renowned global experts, the book draws on multiple jurisdictions and offers comparative analysis across a range of countries. The book addresses a range of issues, including the role of the state in supporting families and protecting the vulnerable, children’s rights and parental authority, sexual orientation, same-sex unions and gender in family law, and the status of marriage and other forms of adult relationships. It also focuses on divorce and separation and their consequences, the relationship between civil law and the law of minority groups, refugees and migrants and the movement of family members between jurisdictions along with assisted conception, surrogacy and adoption. This advanced-level reference work will be essential reading for students, researchers and scholars of family law and social policy as well as policymakers in the field.
Author : Mr Craig Lind
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 140949764X
Total Pages : 346 pages
Book Rating : 4.4/5 (94 download)
Download or read book Regulating Family Responsibilities written by Mr Craig Lind and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together some of the most eminent and exciting authors researching family responsibilities to examine understandings of the day to day responsibilities which people undertake within families and the role of the law in the construction of those understandings. The authors explore a range of questions fundamental to our understanding of 'responsibility' in family life: To whom, and to what ends, are family members responsible? Is responsibility primarily a matter of care? Can we fulfil our family responsibilities by paying those to whom we owe responsibility? Or by paying others to fulfil our caring obligations for us? In each of these circumstances the chapters in this collection explore what it means to have family responsibilities, what constitutes an adequate performance of such responsibilities and the point at which the state intervenes. At the heart of this collection is an interest in the way in which the changing family affects people's perception and exercise their family responsibilities, and how the law attempts to regulate (and understand) those responsibilities. The essays range across intact and separated or fragmented families, from lone and shared parenting in single homes to caring across households (and even across international boundaries) to reflect on the actual caring responsibilities of family members and on the fulfilment of financial responsibilities in families. This collection seeks to advance our understanding of the attempts of the law, and its limits, in regulating the responsibilities which family members take for each other.
Author : Kenneth Reid
Publisher : OUP Oxford
ISBN 13 : 019106422X
Total Pages : 680 pages
Book Rating : 4.1/5 (91 download)
Download or read book Comparative Succession Law written by Kenneth Reid and published by OUP Oxford. This book was released on 2015-08-27 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.
Author : Jo Bridgeman
Publisher : Routledge
ISBN 13 : 1317068831
Total Pages : 346 pages
Book Rating : 4.3/5 (17 download)
Download or read book Regulating Family Responsibilities written by Jo Bridgeman and published by Routledge. This book was released on 2016-04-08 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together some of the most eminent and exciting authors researching family responsibilities to examine understandings of the day to day responsibilities which people undertake within families and the role of the law in the construction of those understandings. The authors explore a range of questions fundamental to our understanding of 'responsibility' in family life: To whom, and to what ends, are family members responsible? Is responsibility primarily a matter of care? Can we fulfil our family responsibilities by paying those to whom we owe responsibility? Or by paying others to fulfil our caring obligations for us? In each of these circumstances the chapters in this collection explore what it means to have family responsibilities, what constitutes an adequate performance of such responsibilities and the point at which the state intervenes. At the heart of this collection is an interest in the way in which the changing family affects people's perception and exercise their family responsibilities, and how the law attempts to regulate (and understand) those responsibilities. The essays range across intact and separated or fragmented families, from lone and shared parenting in single homes to caring across households (and even across international boundaries) to reflect on the actual caring responsibilities of family members and on the fulfilment of financial responsibilities in families. This collection seeks to advance our understanding of the attempts of the law, and its limits, in regulating the responsibilities which family members take for each other.
Author :
Publisher :
ISBN 13 :
Total Pages : 994 pages
Book Rating : 4.3/5 (243 download)
Download or read book Victoria University of Wellington Law Review written by and published by . This book was released on 2007 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Phil C. W. Chan
Publisher : Routledge
ISBN 13 : 1317983637
Total Pages : 270 pages
Book Rating : 4.3/5 (179 download)
Download or read book Equality in Asia-Pacific written by Phil C. W. Chan and published by Routledge. This book was released on 2014-02-04 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1948, the United Nations General Assembly proclaimed the Universal Declaration of Human Rights, stating every human being’s right of equality in dignity and right. However, notwithstanding recognition by the international community of its importance and codification in numerous national and sub-national constitutions and legislation, reinforced by various multilateral and regional human rights treaties, the right of equality continues to be unable to take complete firm hold in all regions and countries. Evidence, as presented by the insightful papers in this collection, published initially as a Special Double Issue of The International Journal of Human Rights dedicated to exploring the place of equality in Asia-Pacific societies, suggests that although progress is being made the right of equality has not yet fully materialized, both in law and in reality, in the world’s most populous region. Many factors, particularly entrenched cultural heritage and practices, the lingering effects of colonialism and newly found independence, and, above all, pervasive ignorance and prejudices, continue to impede the recognition, development and protection of equality in this region. Of course, equality, a normative right and entitlement by virtue of our humanity, has neither been fully achieved in societies outside the region. Such neo-colonial thinking in fact perpetuates and assists in the subjugation of the right of equality in the Asia-Pacific Region as a matter of relevance and concern only to Western countries. Accordingly, we hope that our discussions will also be able to shed light and generate reflections on realities outside the region as interlinked with our aim. The Editor’s book fee has been donated to the UNICEF Tsunami Fund. This book was previously published as a special issue of The International Journal of Human Rights.
Author : Jens M Scherpe
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318851
Total Pages : 532 pages
Book Rating : 4.8/5 (473 download)
Download or read book Marital Agreements and Private Autonomy in Comparative Perspective written by Jens M Scherpe and published by Bloomsbury Publishing. This book was released on 2012-02-24 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements. The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principlesand makes recommendations for regulating marital agreements. A key theme is the function and effect of marital agreements in the different jurisdictions. Thus, each chapter first explains the underlying 'default' rules for ancillary relief/matrimonial property and maintenance. It then analyses the current rules for marital agreements, and gives a brief account of the private international law rules. The book provides a comprehensive source of reference on ancillary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. It offers guidance for academics and practitioners dealing with international matters, and a basis for discussions on law reform. 'I applaud the vision and perseverance of Jens Scherpe in having conceived this book and, with so much distinguished help, in now bringing it to birth. I will be using it for many years and I warmly invite my fellow family lawyers across the world to do likewise.' Foreword by The Rt Hon Lord Wilson of Culworth, Justice of the Supreme Court of the United Kingdom This title is included in Bloomsbury Professional's Family Law online service.
