The Need for the Statutory Introduction of the Concept of “Matrimonial Property” in Nigeria
Bibliographic Data
| ID | 16766505 |
|---|---|
| Authors | Chinedu Justin Efe (University of Pretoria, corresponding author) |
| Year | 2019 |
| Volume | 63 |
| Issue | 1 |
| Pages | 105-125 |
| Publication date | 2019-02-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of African Law (JOURNAL) |
| Journal identifiers | ISSN: 0221-8553 • E-ISSN: 1464-3731 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1017/s0021855319000093 |
| OpenAlex | W2936919412 |
| Language | EN |
| References cited | 3 |
This article demonstrates how the application of the ordinary rules of property law in the determination of the property rights of spouses in Nigeria has been unfair to a financially weaker spouse (usually the wife). It calls for reconsideration of the present matrimonial property rights arrangement between a husband and a wife in Nigeria. It argues in favour of the statutory introduction of the concept of “matrimonial property” in Nigeria to apply both during marriage and at divorce. To give some background, reference is made to the South African matrimonial property system of community of property and the accrual system. The article proposes that a special category of property, known as “matrimonial property” and which emphasizes the equal proprietary rights of spouses, is recognized
Accrual · Business · Community property · Law and economics · Political science · Property (philosophy) · Property law · Property rights · Sociology · Spouse · Statutory law · Wife · Accounting · Conflict of Laws and Jurisdiction · Land Rights and Reforms · Law · Legal Issues in South Africa · Philosophy
| Highly cited | No |
|---|