12 research outputs found
The Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons: Do Quasi-Community Property and Mandatory Survivorship Laws Need Protection?
Succession laws for those who have important connections with more than one country are clarified by the Hague Convention of Oct 20, 1988 on the Law Applicable to Succession to the Estates of Deceased Persons. One aspect of the Convention, mandatory survivorship rules, is examined, and possible effects of the testator\u27s choice of law on them are considered
Parenting At and After Divorce: A Search for New Models
A Review of Surviving the Breakup: How Children and Parents Cope with Divorce by Judith S. Wallerstein and Joan Berlin Kell
Management Powers and Duties under California\u27s Community Property Laws: Recommendations for Reform
In 1975, California adopted a system of equal management of control of community property. Few changes were made, however, to enhance the likelihood that this theoretical equality would in fact be carried out. This Article examines the practical issues that arise under California\u27s equal management and control provisions and recommends changes in those provisions that will ensure equality of rights and responsibilities in practice as well as in theory. Recognizing the societal interests served by the preservation of marriages and the need to prevent escalation of marital disputes, the Article also proposes remedies for spouses who wish to have property disputes resolved during as well as upon termination of marriage
The Definition and Division of Marital Property in California: Towards Parity and Simplicity
Divisions of community property have become increasingly complex under California law. This Article examines the issues posed in typical divorce and probate cases and compares the relative post-divorce financial positions of men and women. The Article concludes that the California system is in serious need of reform, and suggests changes for legislative consideration
Parenting At and After Divorce: A Search for New Models
A Review of Surviving the Breakup: How Children and Parents Cope with Divorce by Judith S. Wallerstein and Joan Berlin Kell