מעודכן ל: 15.11.2022
חוק יחסי ממון
חלוקת רכוש
הסכם ממון
Marital Property
Matrimonial Property
חוק יחסי ממון בין בני זוג, תשל"ג-1973, ס"ח 712.
אבישי גריידי חלוקת רכוש לא שוויונית בין בני זוג : סעיף 8 לחוק יחסי ממון (2022).
נסים שלם יחסי ממון ורכוש: הדין והפסיקה (2019).
שחר ליפשיץ השיתוף הזוגי (2016).
אריאל דרור חלוקת רכוש בהליך גירושין (2015).
Book from Lexis:
Arnold H. Rutkin, et al., Valuation and Distribution of Marital Property (MB) Lexis (database updated Aug. 2022).
Book from Westlaw:
John Tingley et al ,Marital Property Law, Westlaw MARPROP (updated July 2022).
Brett R. Turner, Equitable Distribution of Property, Westlaw EQDP (database updated Dec. 2021).
The EU Regulations on Matrimonial and Patrimonial Property by
Today there are no common international rules as to which state's law shall be applied when a married couple have connections with more than one state e.g. British citizens living in France. Each state has its own so called private international law rules (PIL), leading to conflicts of laws.There are no common rules as to which court has jurisdiction and Court decisions are normally not recognized in other states.Since, today millions of people live in a state other than their state of citizenship or have assets in states other than where they are living, the EU has seen the urgent need for an EU-Regulation on matrimonial property and a parallel Regulation for registered partners. The Regulation does notprovide any common material matrimonial law in the EU, but common PIL that sets out which state's matrimonial law shall be applied, which state's court shall have jurisdiction and that court decisions in one state shall be recognized and enforceable in other EU states.This volume is an article-by-article commentary on the Regulations which have been adopted by the EU Council on June 24th 2016 and will come into force on January 29th 2019.
Law and Policy in Modern Family Finance : Property division in the 21st Century by
Law and Policy in Modern Family Finance - Property Division in the 21st Century adopts a conceptual approach to address key questions about the legal division of property when a marriage, civil union, de facto relationship, or other close personal relationship ends. These questions include: which relationships should be subject to a statutory regime; which property should be shared; whether property held on trust should be included; how property should be shared; how economic disparity caused by the division of functions within the relationship should be addressed, if at all; whether, and if so to what extent, the interests of children of the relationship should be considered; whether parties should be allowed to contract out of a statutory regime and, if so, whether such contracts should be binding; and whether death should be treated in the same way as relationship break-down.The authors use New Zealand's current legislative framework as a basis for critical analysis and reflection. Despite New Zealand's Property (Relationships) Act 1976 being hailed as socially progressive legislation when it was enacted, there is concern in New Zealand that its property sharing regime no longer meets society's needs and expectations. However, issues of fairness, equality, and modern complexities in the division of relationship property are not unique to New Zealand. Other jurisdictions are facing similar problems, including Australia, England and some continental European countries.The inclusion of internationally recognised relationship property experts from England, Australia and Germany ensures the utility of the book for international audiences, making it of interest to law reformers, academics, the judiciary, the legal profession, and law students everywhere in the world.
Legal Pluralism and Efficiency in Marriage Law by
The author applies economics in the analysis of the law to describe the logic underlying marriage and marriage law and then proposes a system of conflict rules that provides consistency and legal certainty in the determination of the applicable law. The economic theory is used to explain the couple's expectations of marriage and the rationale behind the legal regulation of this institution at substantive level. Based on this approach, the author addresses the economic foundations of the private international law and proposes concrete conflict of laws rules to key aspects of the marital relationship: maintenance obligations, divorce and property regime. The legal nature of marriage, the existence of mandatory and default rules, the plausibility of a law market for matrimonial regulations, the benefits of removing restrictions on the party autonomy, and the applicable law in absence of a choice of law agreement are i.a. explained from a law and economics perspective. The theoretical framework and conclusions do not depend on specific legal rules. This book is therefore targeted at scholars and lawmakers of any jurisdiction attempting to launch reforms as well as at anyone interested in a practical application of law and economics.
The Pptional Matrimonial Property Regime : The Franco-German Community of Accrued Gains by
The optional matrimonial property regime of the community of accrued gains was created to address legal difficulties that may arise from marriages between persons of different nationalities or persons not living in their country of origin. It is the result of a treaty between France and Germany and entered into force in 2013. As it approaches cross-border conflicts using substantive legal rules, it has a unique character and is considered to be the first step towards the harmonisation of European family law. It is of interest beyond the borders of France and Germany because other Member States of the European Union can accede to the treaty. Further, the optional matrimonial property regime is open not only to marriages between French and German nationals but also to French or German couples living abroad or foreign couples living in France or Germany.To make the Franco-German treaty more accessible to the lawyer in Europe, this book contains the optional matrimonial property regime in five languages, namely German and French - the official languages - and English, Italian and Spanish. Each article of the optional matrimonial property regime is accompanied by a short commentary. Moreover, to provide the reader with additional background information, translations of the memoranda and explanatory reports are also included.
Principles of European Family Law Regarding Property Relations Between Spouses by
This book contains the Principles of European Family Law regarding Property Relations between Spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participation in acquisitions and the community of acquisitions.
מעודכן ל: 15.11.2022
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