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Book
Clementi e solidarita familiare
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ISBN: 8814002541 9788814002540 Year: 1984 Volume: 102 Publisher: Milan : Giuffrè,

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Marital agreements and private autonomy in comparative perspective
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ISBN: 184731886X 1472565878 1281063673 9786613773999 1847318851 9781847318855 9781281063670 9781849460125 1849460124 9781472565877 9781847318862 9781847318862 Year: 2012 Publisher: Oxford Portland, Oregon Hart

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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


Book
Separated and divorced women in India : economic rights and entitlements
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ISBN: 8132116291 9788132116295 9788132109525 813210952X 8132117492 Year: 2013 Publisher: New Delhi, India : Sage Publications Pvt. Ltd,

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Separated and Divorced Women in India examines the economic rights and entitlements of separated/deserted women in law and practice in India, and explores all the laws and policies relating to financial support for a wife or child that come into play once a separation or divorce has taken place. Based on a survey of more than 400 women in four different regions across the country, this seminal work lays bare the miserable financial conditions of separated/deserted women and the lengthy procedural obstacles that these women have to contend with to get any justice. It interrogates the absenc


Book
Marital agreements and private autonomy in comparative perspective
Author:
ISBN: 9781849460125 1849460124 Year: 2012 Publisher: Oxford ; Portland : Hart publishing,

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Abstract

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.

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