Research handbook on family property and the law / edited by Margaret Briggs (Faculty of Law, University of Otago, New Zealand) and Andy Hayward (Durham Law School, Durham University, UK).
2024
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Details
Title
Research handbook on family property and the law / edited by Margaret Briggs (Faculty of Law, University of Otago, New Zealand) and Andy Hayward (Durham Law School, Durham University, UK).
Added Author
Added Corporate Author
Imprint
Northampton : Edward Elgar Publishing, 2024.
Description
1 online resource (532 pages).
Series
Research handbooks in family law.
Formatted Contents Note
Contents: Foreword / Mathew Thorpe
1. Introduction to the research handbook on family property and the law / Margaret Briggs and Andy Hayward
Part I. The origins of family property
2. Family property in roman law / Paul J du Plessis
3. Family property law: A touchstone of long-term continuity and change in societies / Alain Wijffels
4. Early modern family property: Coverture and dewar's 'familialisation' / Emily Ireland
5. Family homes on indigenous lands: An illumination on the complexity of family property law / Jacinta Ruru
6. Matrimonial property in Islamic law / Rajnaara C Akhtar and Faizal Ahmad Manjoo
7. Family property in asia / Jianghao Xia
8. An African perspective on family property and customary law / Anthony C Diala
Part II. The recipients of family property: Who benefits?
9. A queer perspective on property protections in marriage and other registered partnerships / Erez Aloni
10. The evolution of family law: Judicial recognition of the diversity of modern marriage-like relationships in South Africa and beyond / Christa Rautenbach and Mitzi Wiese
11. Property rights of cohabitants in new zealand / Margaret Briggs
12. Non-conjugal couples and legislated cohabitation / Nausica Palazzo
13. Children and the reach of family property: The rhetoric and the reality / Mark Henaghan and Christian Poland
14. Family property and entitlement upon death in England and Wales / Brian Sloan
15. Family property entitlements on death in new zealand / Nicola Peart
Part III. The recognition and reach of family property: What property is covered?
16. Classification of community property: A us perspective / Sally Brown Richardson
17. The legal conceptualisation of family property interests in australia / Henry Kha
18. Distribution of family property in Germany: Family law and beyond / Christiane von Bary
Part IV. The redistribution of family property: How is family property distributed?
19. Matrimonial property and marital agreements in comparative perspective / Jens M Scherpe
20. Community of property and separation of property in Belgium: A gradual harmonisation in the name of fairness? / Geoffrey Willems
21. Family property in chile / Fabiola Lathrop-Gómez
22. Switzerland: Participation in acquisitions / Alexandra Jungo and Laura von Arb
23. Bespoke justice and equitable redistribution in Ireland: An optical illusion? / Kathryn O'Sullivan
Part V. Policy and family property
24. Who's afraid of the gold digger? / Sharon Thompson
25. Financial remedies in England and Wales: What about the majority? / Emma Hitchings
26. Feminism and family property / Rosemary Auchmuty
27. Family property over time / Allison Tait
Part VI. The frontiers of family property
28. Burns v burns: The fable forty years on / Andy Hayward
29. Remaking family property law in the anglo Caribbean / Tracy Robinson
30. Family property disputes in singapore / Man Yip
Index.
1. Introduction to the research handbook on family property and the law / Margaret Briggs and Andy Hayward
Part I. The origins of family property
2. Family property in roman law / Paul J du Plessis
3. Family property law: A touchstone of long-term continuity and change in societies / Alain Wijffels
4. Early modern family property: Coverture and dewar's 'familialisation' / Emily Ireland
5. Family homes on indigenous lands: An illumination on the complexity of family property law / Jacinta Ruru
6. Matrimonial property in Islamic law / Rajnaara C Akhtar and Faizal Ahmad Manjoo
7. Family property in asia / Jianghao Xia
8. An African perspective on family property and customary law / Anthony C Diala
Part II. The recipients of family property: Who benefits?
9. A queer perspective on property protections in marriage and other registered partnerships / Erez Aloni
10. The evolution of family law: Judicial recognition of the diversity of modern marriage-like relationships in South Africa and beyond / Christa Rautenbach and Mitzi Wiese
11. Property rights of cohabitants in new zealand / Margaret Briggs
12. Non-conjugal couples and legislated cohabitation / Nausica Palazzo
13. Children and the reach of family property: The rhetoric and the reality / Mark Henaghan and Christian Poland
14. Family property and entitlement upon death in England and Wales / Brian Sloan
15. Family property entitlements on death in new zealand / Nicola Peart
Part III. The recognition and reach of family property: What property is covered?
16. Classification of community property: A us perspective / Sally Brown Richardson
17. The legal conceptualisation of family property interests in australia / Henry Kha
18. Distribution of family property in Germany: Family law and beyond / Christiane von Bary
Part IV. The redistribution of family property: How is family property distributed?
19. Matrimonial property and marital agreements in comparative perspective / Jens M Scherpe
20. Community of property and separation of property in Belgium: A gradual harmonisation in the name of fairness? / Geoffrey Willems
21. Family property in chile / Fabiola Lathrop-Gómez
22. Switzerland: Participation in acquisitions / Alexandra Jungo and Laura von Arb
23. Bespoke justice and equitable redistribution in Ireland: An optical illusion? / Kathryn O'Sullivan
Part V. Policy and family property
24. Who's afraid of the gold digger? / Sharon Thompson
25. Financial remedies in England and Wales: What about the majority? / Emma Hitchings
26. Feminism and family property / Rosemary Auchmuty
27. Family property over time / Allison Tait
Part VI. The frontiers of family property
28. Burns v burns: The fable forty years on / Andy Hayward
29. Remaking family property law in the anglo Caribbean / Tracy Robinson
30. Family property disputes in singapore / Man Yip
Index.
Summary
"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. Bringing together leading, international scholars, the Research Handbook on Family Property and the Law considers the key policy issues that impact family property entitlement, including the extent to which wealth, class and race influence its distribution. It explores the defining features of family property, such as how it is conceptualised, created and legally recognised, and how it has evolved over time. Authors examine the recipients, recognition and redistribution of family property, queer perspectives on property protections in marriage and other registered partnerships, and family property law in a variety of regions including Africa, Asia, Australasia, the Caribbean, Europe and North America. This comprehensive Research Handbook will be a vital resource for academics and students specialising in family law, human rights law, property law, social policy and succession law. It will also benefit legal practitioners and national and international policymakers in the field"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
www
Linked Resources
Alternate Title
Elgaronline
Language
English
ISBN
9781802204681 (e-book)
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