The property of married persons according to the law of Scotland

Crawford, Elizabeth Bryden (1983) The property of married persons according to the law of Scotland. PhD thesis, University of Glasgow.

Abstract

The purpose of the thesis is to set out and examine the existing rules of Scots Law upon the property aspect of the marriage relationship (Chapters 1 - 5), to study the property rules which obtain in other comparable legal systems (Chapter 6), and tentatively to suggest, on the basis of the foregoing, that there may be an argument for at least the consideration of a different, and more systematic, approach to the subject in Scotland, and to put forward (in Chapter 7) a new (and optional) system of property rules, which has been termed "Separation of Property with Concurrent Compensation of Gains." Chapter 1 explains the historical background to the present law: thereafter property rights stante matrimonio are described, beginning with the law of bankruptcy as it affects husbands and wives (Chapter 2), diligence and litigation (Chapter 3), and the rules of aliment (Chapter 4). Chapter 5 deals with the subject of Property Rights on Divorce and Death. The System of Separation of Property with Concurrent Compensation of Gains would provide for joint ownership of the matrimonial home and "family assets", and for joint and several liability for household debts. Otherwise there would be separation of property. The new feature of the system would be the monetary compensation made during marriage by the economically stronger spouse to the other, thereby, it is hoped, making possible the amassing of property by both spouses during marriage, and rendering simpler the division of property at divorce, and treatment of property on death. New matrimonial remedies would require to be introduced, rules made as to contracting-in and contracting-out, and as to treatment of property on divorce and death. Rights of third parties must be protected. The only (generally) unalterable rule would be the co- ownership of the matrimonial home. There would be a great measure of choice, the aim being to be protective and efficient, but not officious, and to retain as much as possible of the freedom which is associated with a system of separation of property, while affording an opportunity to those who wish to do so to redress any imbalance which a system of separation may create. Only brief reference has been possible to Scottish Law Commission Consultative Memorandum No. 57: Matrimonial Property, in view of the date of publication of the Memorandum and the date of submission of the thesis.

• Item Type: Thesis (PhD)
• Qualification Level: Doctoral
• Keywords: Law
• Date of Award: 1983
• Depositing User: Enlighten Team
• Unique ID: glathesis:1983-73776
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 14 Jun 2019 08:56
• Last Modified: 14 Jun 2019 08:56
• URI: https://theses.gla.ac.uk/id/eprint/73776