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Rethinking the property rights of spouses on civil marriage breakdown in Nigeria : inspiration from other countries
Thesis (LLD)--University of Pretoria, 2017.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2018
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| _version_ | 1867613475691298816 |
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| access_status_str | Open Access |
| author2 | Van Schalkwyk, L.N. (Llewelyn Neil), 1952- |
| author_browse | Van Schalkwyk, L.N. (Llewelyn Neil), 1952- |
| author_facet | Van Schalkwyk, L.N. (Llewelyn Neil), 1952- |
| collection | Thesis |
| dc_rights_str_mv | © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/64642 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:44.480Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2018 |
| publishDateRange | 2018 |
| publishDateSort | 2018 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/64642 Rethinking the property rights of spouses on civil marriage breakdown in Nigeria : inspiration from other countries Van Schalkwyk, L.N. (Llewelyn Neil), 1952- cjefeaty@yahoo.com Efe, Chinedu Justin UCTD Matrimonial property Antenuptial contract Postnuptial contracts Transfer of property UCTD Law theses SDG-05 SDG-05: Gender equality Thesis (LLD)--University of Pretoria, 2017. This thesis establishes that the redistribution of “matrimonial property” upon civil marriage breakdown is alien to Nigerian Family Law. A complete separation of property system operates in Nigeria. Comparatively, the thesis determines the suitability of some legal precepts existing in Australia, England and South Africa and how they could be employed in Nigeria. While Australia, England and South Africa have progressed with the tides and dynamism of the society, Nigerian law has remained unresponsive to the plight of spouses (especially female spouses) who are mostly financially disadvantaged on marriage breakdown. A default matrimonial property system, which is akin to the accrual system in South Africa, is proposed. The proposed matrimonial property system will preserve the independence and equality of spouses during marriage and upon its breakdown. A case is made for the recognition and enforcement of marital property agreements which will aid spouses in deciding how the financial and property aspects of their marriage will be regulated. The thesis, however, supports the recognition of the redistribution power of the courts, notwithstanding the matrimonial property system in operation. The courts’ discretion, in this regard, must be exercised sparingly, only when the justice of each case demands it. The need to give sufficient weight and valuable considerations to the indirect contributions of a homemaker and caregiver vis-à-vis the contributions of the breadwinner is advanced. The thesis takes the standpoint that concepts of equity and trust could play a vital role in the determination of the property rights of spouses on civil marriage breakdown. It concludes that there is a need to develop and improve the present legal framework on the property rights of spouses on civil marriage breakdown in Nigeria. Centre for Human Rights LLD Unrestricted 2018-04-19T07:22:19Z 2018-04-19T07:22:19Z 08-12-17 2017 Thesis Efe, CJ 2017, Rethinking the property rights of spouses on civil marriage breakdown in Nigeria: Inspiration from other countries, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/64642> D2017 http://hdl.handle.net/2263/64642 en © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Matrimonial property Antenuptial contract Postnuptial contracts Transfer of property UCTD Law theses SDG-05 SDG-05: Gender equality Rethinking the property rights of spouses on civil marriage breakdown in Nigeria : inspiration from other countries |
| title | Rethinking the property rights of spouses on civil marriage breakdown in Nigeria : inspiration from other countries |
| title_full | Rethinking the property rights of spouses on civil marriage breakdown in Nigeria : inspiration from other countries |
| title_fullStr | Rethinking the property rights of spouses on civil marriage breakdown in Nigeria : inspiration from other countries |
| title_full_unstemmed | Rethinking the property rights of spouses on civil marriage breakdown in Nigeria : inspiration from other countries |
| title_short | Rethinking the property rights of spouses on civil marriage breakdown in Nigeria : inspiration from other countries |
| title_sort | rethinking the property rights of spouses on civil marriage breakdown in nigeria inspiration from other countries |
| topic | UCTD Matrimonial property Antenuptial contract Postnuptial contracts Transfer of property UCTD Law theses SDG-05 SDG-05: Gender equality |
| url | http://hdl.handle.net/2263/64642 |