Research Handbook on Family Property and the Law by Margaret Briggs Hardcover Bo

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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.

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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.

Author Biography

Edited by Margaret Briggs, Faculty of Law, University of Otago, New Zealand and Andy Hayward, Durham Law School, Durham University, UK

Table of Contents

ContentsForeword xiiiMathew Thorpe1 Introduction to the Research Handbook on Family Property and the Law 1Margaret Briggs and Andy HaywardPART I THE ORIGINS OF FAMILY PROPERTY2 Family property in Roman law 14Paul J du Plessis3 Family property law: a touchstone of long-term continuity and changein societies 25Alain Wijffels4 Early modern family property: coverture and Dewar's 'familialisation' 45Emily Ireland5 Family homes on Indigenous lands: an illumination on the complexityof family property law 61Jacinta Ruru6 Matrimonial property in Islamic law 77Rajnaara C Akhtar and Faizal Ahmad Manjoo7 Family property in Asia 92Jianghao Xia8 An African perspective on family property and customary law 104Anthony C DialaPART II THE RECIPIENTS OF FAMILY PROPERTY: WHO BENEFITS?9 A queer perspective on property protections in marriage and otherregistered partnerships 121Erez Aloni10 The evolution of family law: judicial recognition of the diversity ofmodern marriage-like relationships in South Africa and beyond 139Christa Rautenbach and Mitzi Wiese11 Property rights of cohabitants in New Zealand 158Margaret Briggs12 Non-conjugal couples and legislated cohabitation 176Nausica Palazzo13 Children and the reach of family property: the rhetoric and the reality 196Mark Henaghan and Christian Poland14 Family property and entitlement upon death in England and Wales 214Brian Sloan15 Family property entitlements on death in New Zealand 231Nicola PeartPART III THE RECOGNITION AND REACH OF FAMILYPROPERTY: WHAT PROPERTY IS COVERED?16 Classification of community property: a US perspective 249Sally Brown Richardson17 The legal conceptualisation of family property interests in Australia 261Henry Kha18 Distribution of family property in Germany: family law and beyond 278Christiane von BaryPART IV THE REDISTRIBUTION OF FAMILY PROPERTY: HOW ISFAMILY PROPERTY DISTRIBUTED?19 Matrimonial property and marital agreements in comparative perspective 293Jens M Scherpe20 Community of property and separation of property in Belgium:a gradual harmonisation in the name of fairness? 307Geoffrey Willems21 Family property in Chile 326Fabiola Lathrop-Gómez22 Switzerland: participation in acquisitions 343Alexandra Jungo and Laura von Arb23 Bespoke justice and equitable redistribution in Ireland: an optical illusion? 359Kathryn O'SullivanPART V POLICY AND FAMILY PROPERTY24 Who's afraid of the gold digger? 374Sharon Thompson25 Financial remedies in England and Wales: what about the majority? 390Emma Hitchings26 Feminism and family property 406Rosemary Auchmuty27 Family property over time 424Allison TaitPART VI THE FRONTIERS OF FAMILY PROPERTY28 Burns v Burns: the fable forty years on 441Andy Hayward29 Remaking family property law in the Anglo Caribbean 461Tracy Robinson30 Family property disputes in Singapore 480Man YipIndex 495

Review

'This superb collection, by a distinguished group of international experts, contributes significantly to the field. Its geographical, substantive, and theoretical breadth proves the error of any view of family property as staid or as merely law for wealthy white women.' -- Robert Leckey, McGill University, Canada'This outstanding book brings together different perspectives on family property: culture, indigeneity, religion, sexuality, feminism, history, policy development, as well as classic legal analysis. The team of authors from around the world and their scholarship mean that the book fills many gaps and brings fresh insights. I recommend it most highly.' -- Bill Atkin, Victoria University of Wellington, New Zealand

Details ISBN1802204679 Author Andy Hayward Year 2024 ISBN-13 9781802204674 Format Hardcover Country of Publication United Kingdom Edited by Andy Hayward Publisher Edward Elgar Publishing Ltd Series Research Handbooks in Family Law series Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Audience Professional & Vocational Pages 532 Publication Date 2024-06-18 UK Release Date 2024-06-18 We've got this

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