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夫婦財産関連法 改訂第2版 2017-2018年版 全2巻

Marital Property Law, Revised 2nd Edition, 2017-2018 Edition

John Tingsley, Nicholas B. Svalina

2 vols. Paper., 2017年9月刊(年1回刊行)

Thomson Reuters (CBC), USA.

¥52,748

在庫あり

離婚時の財産権の扱いに関する婚前契約、離婚契約、公平な財産分配、分配前の財産価値評価の必要性、夫婦財産の評価基準日、年金・退職手当の可分性などに着目しながら、米国内の判例を挙げて実務を解説。

【Table of Contents】

PART I. CONCURRENT INTERESTS

1. Introduction

2. Married Women's Property Legislation

3. Estates by Entireties and Separate Debts

4. Ownership of Personalty by Husband and Wife

5. Felonious Killing of One Spouse by the Other as Affecting Latter's Rights in Marital Property

6. Community Property Legislation

PART II. COMMUNITY INTERESTS

7. Community Property and Business Profits

8. Dividends on Corporate Stock Held as Separate Property

9. Leasehold Interest as Community Real Estate

10. Pensions and Reserve or Retired Pay

11. Wife's Personal Earnings

12. Spouse's Cause of Action for Negligent Personal Injury

13. Satisfaction of Spouse's Personal Tort Liability

14. Judgment in Personal Injury Action by One Spouse as Res Judicata for or Against Other Spouse

15. Liability of Community Property for Antenuptial Debts and Obligations

16. Use of Community Funds for Benefit of Separate Property

17. Transmutation of Separate Property into Community Property

18. Transmutation of Community Property into a Joint Tenancy

19. Property Acquired in Exchange for Separate Property

20. Transfer of Community Interest Between Spouses

21. Gift of Community Property to Third Party

22. Divorce Decree as Res Judicata

23. Change of Domicile as Aecting Character of Property

24. Severance or Partition of Community Property by an Act of the Spouses

PART III. ANTENUPTIAL AND POSTNUPTIAL AGREEMENTS

25. Waiver of Rights to Widow's Allowance

26. Antenuptial Agreement Affecting Property Rights On Separation or Divorce

27. Postnuptial and Separation Agreements

28. Postnuptial Agreement Releasing Rights of Surviving Spouse

29. Declaratory Judgment as to Construction of Antenuptial Agreement

30. Nondisclosure of Property Interests When Making Antenuptial Agreements

31. Form of Execution or Acknowledgment as Affecting Validity of Antenuptial Agreement

Appendix 31A. Uniform Premarital and Marital Agreements Act (with Legislative Notes and Comments)

PART IV. GIFTS

32. Wedding Presents

33. Gifts Acquired During Marriage

34. Marital Misconduct as Affecting Gifts and Marriage Settlements

35. Gift by Husband as Fraud on Wife

PART V. UNMARRIED COHABITATION

36. Conveyance to Unmarried Persons as Husband and Wife

37. Property Accumulated During Cohabitation

PART VI. GENERAL TOPICS

38. Services by Wife in Husband's Business

39. Validity of Partnership Agreement between Husband and Wife

40. Insurable Interest of Husband or Wife in Other's Property

41. Wife as Head of Family within Homestead Exemption Provision

42. Consideration of Tax Consequences in Marital Property Distribution Marital Property Law

PART VII. EQUITABLE DISTRIBUTION

43. Equitable Distribution Doctrine

Appendix 43A. State Equitable Distribution Statutes

44. Necessity That Divorce Court Value Property Before Distributing It

45. Proper Date for Valuation of Property Being Distributed Pursuant to Divorce

46. Effect of Trial Court Giving Consideration to Needs of Children in Making Property Division

47. Appointment or Discharge of Receiver for Marital or Community Property

48. Spouse's Professional Degree or License as Marital Property

49. Pension or Retirement Benets as Subject to Award or Division

50. Accrued Vacation, Holiday Time, and Sick Leave as Marital or Separate Property

51. Workers' Compensation Benets as Marital Property

52. Method of Valuation of Life Insurance Policies in Connection With Trial Court's Division of Property

53. Prejudgment Interest Awards

54. Appreciation in Value of Separate Property During Marriage Without Contribution by Either Spouse as Separate or Marital Property

55. Treatment of Stock Options for Purposes of Dividing Marital Property

56. Valuation of Stock Options for Purposes of Divorce Court's Property Distribution

57. Award of Interest on Deferred Installment Payments of Marital Asset Distribution

58. Award of Post-Judgment Interest

59. Propriety of Using Contempt Proceeding to Enforce Property Settlement Award or Order

60. Disposition of Frozen Preembryos

 

Table of Laws and Rules

Table of Cases

Index