Division Of Assets Research Articles

Marriage Agreement on Common Property in Marriage (Comparative Study of Indonesia and The United States)

This article compares Indonesia and the United States to discuss a prenuptial agreement for joint marital assets. Indonesia adheres to a civil law legal system by basing prenuptial agreement on Article 29 of the Marriage Law. Meanwhile, the United States, which adheres to a standard legal system, implements the Uniform Premarital and Marital Agreements Act (UPMAA). The research method used in this writing is legal research with a statutory approach and a comparative approach. The results of this research are the reasons for making a prenuptial agreement, among others, because the agreement will facilitate the division of assets, which will benefit both parties in the event of a divorce and as a step to prevent conflicts from arising in the future. The difference between prenuptial agreements between Indonesia and the United States is that for prenuptial agreements in Indonesia, each couple can freely determine the contents of the prenuptial agreement as long as it does not conflict with law, religion, decency, decency, or public order. Meanwhile, in the United States, each couple has specific restrictions regarding what can and cannot be written in the prenuptial agreement. So, freedom in making prenuptial agreements is still bound and limited to specific points.

LEGAL PROTECTION OF CUSTODY RIGHTS FOR DUAL CITIZENSHIP CHILDREN AFTER THE DISSOLUTION OF MARRIAGE

The purpose of this research is first to determine the legal consequences of the breakup of mixed marriage on the custody of dual citizenship children and second, to understand the judge's considerations in handing down a decision as legal protection of child custody after the breakup of mixed marriage normative legal research methods. In the era of growing globalization, population mobility between countries has become increasingly common. This often causes mixed marriages between Indonesian citizens and foreigners to occur. Obstacles for people carrying out marriages of different nationalities, both within and outside the country, are regarding legal protection for children if in a marriage in Indonesia, for example, there is a divorce which has an impact on the division of assets, child custody, and so on. The most prominent impact of this kind of marriage is the birth of children with dual citizenship or dual citizenship. These children are citizens of more than one country at birth, and this presents unique challenges regarding their custody when parents divorce. An issue that is vulnerable and often arises in mixed marriages is the issue of the child's citizenship. Even though there are several legal regulations governing child custody, disputes over child custody often become disputes in court that require fair handling by judges. In this research, the judge decided that custody of a dual-citizen child would be given to the biological mother by applying the principle of the best interests of the child.

Kedudukan Harta Gono-Gini dalam Pembagian Harta Waris Menurut Hukum Islam

Marriage is a universal rule that applies to all creatures, including humans, animals and plants, as a way to reproduce and maintain life. In Islam, marriage means a contract between a man and a woman's guardian which makes sexual relations halal. A marriage can end due to death, divorce, or court settlement. Divorce is seen as the final step if the relationship cannot be repaired, and in the Qur'an and Hadith, there are no detailed provisions regarding the divorce process, so the law can be adjusted to the situation. One of the consequences of marriage is the existence of, Common Property Treasure acquired during the marriage, and must be managed responsibly by husband and wife. This concept is regulated in Indonesian laws and regulations, such as the Marriage Law, Civil Code, and the Compilation of Islamic Law., Common Property Treasure includes wealth acquired during marriage and belongs jointly to husband and wife, while inherited property is wealth owned before marriage. The issue of, Common Property Treasure has not been widely discussed in classical jurisprudence studies, but in the modern context, this has become important to ensure justice in Division of assets in case of divorce. Islamic law allows the distribution of assets through deliberation or court decisions if necessary. The concept of community property supports the fair distribution of wealth between husband and wife, in accordance with the principles of justice in Islam.

Statehood exercises in Ethiopia and their jurisprudential significance: clarifying normative hurdles and addressing empirical challenges

ABSTRACT This paper discusses the unconditional right to self-determination claim of ethnic groups under the Federal Democratic Republic of Ethiopia (FDRE) Constitution, and how the demands for statehood have been handled since 2018. Using the Sidama and South-Western Ethiopian Peoples (SWEP) statehood exercise, this paper highlights the main issues and challenges concerning the process of claiming and achieving internal statehood. These include the principles of who has the right to vote in a statehood referendum, the matter of ethnic clustering to claim statehood, protecting the rights of minorities, the challenge of merging geographically distant Nations, Nationalities and Peoples (NNPs) into states, the transfer of power to the new state, and the division of assets and liabilities once a statehood claim is approved. It concludes that whilst the Constitution is flexible and allows for innovation, the Sidama and SWEP experiences demonstrate that it is now time for a review of the Constitution.

Optimizing Legal Protection for Divorce Outside of Court: Study of the Need for Divorce Isbat in the Indonesian Legal System

This research examines the dualism of religious law and national law in the context of divorce in Indonesia, which raises significant legal and social dilemmas and challenges. This study uses a descriptive-analytic qualitative method with a normative juridical approach to analyze differences in divorce recognition under religious law and national law, as well as its impact on access to justice and legal protection, especially for women. This research identifies that discrepancies in divorce recognition cause various legal and social obstacles, such as difficulties in obtaining maintenance, division of assets, and child custody. As a solution, this study proposes the application of the concept of "divorce isbat" as a mechanism that allows official recognition of divorces carried out outside formal courts, offering higher legal certainty and more effective protection. This research highlights the importance of engaging cross-sectoral stakeholders, including religious leaders, legal practitioners, and civil society organizations, in supporting inclusive and effective legal reform. The implication of these findings is the need for legal reform that harmonizes religious law with national law to strengthen the integrity of the justice system and improve social justice.

Dampak Hukum Dari Akibat Putusnya Perkawinan Pasangan Berbeda Agama Terhadap Harta Bersama Dan Hak Asuh Anak

Indonesia is known for its diverse cultures and customs that have been ingrained from their ancestors. Where different religions and beliefs have different rules regarding marriage. This social interaction can give rise to a relationship that can continue into marriage. Marriage is a religious thing where a relationship between two human beings, namely a man and a woman who have grown up, have the desire to unite and promise in a sacred bond as husband and wife to form a happy, harmonious family and multiply offspring. The aim of this research is to determine the legality of marriage between couples of different religions according to Islamic law and the Marriage Law (in Decision Number 8/Pdt.G/2022/PN Tjk) as well as the position of joint assets after the dissolution of marriage for couples of different religions after the marriage was decided according to law. Islam and according to the Marriage Law (In Decision Number 8/Pdt.G/2022/PN Tjk). The results of this research indicate that the validity of interfaith marriages based on Decision Number 8/Pdt.G/2022/PN Tjk is clearly prohibited from a positive legal perspective in Indonesia, both in the Compilation of Islamic Law (KHI) and Law Number 1 of 1974 concerning Marriage. . Furthermore, in connection with this decision, the Panel of Judges gave sanctions to the Plaintiff to pay court costs in the amount of Rp. 845,000.00 (eight hundred and forty five thousand rupiah) and stated that the Plaintiff was on the losing side. The position of joint property after the dissolution of an interfaith marriage when viewed from the perspective of the Compilation of Islamic Law in accordance with Article 97 is that the division of joint property in the event of a divorced husband and wife prioritizes the method of peace (deliberation). Then in Law no. 1 of 1974 and the Civil Code Law in article 37 of Law no. 1 of 1974 and articles 128-129 of the Civil Code that if the marriage bond between husband and wife is broken, then the joint assets are divided between the husband and wife. However, in law, rules are used as long as the parties do not determine otherwise or the rules are regulated according to their respective laws. In connection with the study of decision Number 8/Pdt.G/2022/PN.Tjk, because in the facts of the trial in this case the Defendant had been baptized, the division of assets was based on Law No. 1 of 1974 and the Civil Code, and because both parties do not have joint assets but have a debt which was incurred by the defendant by falsifying their identity due to pressure due to the plaintiff's actions which did not provide maintenance, the judge's decision was to settle the debt after the divorce in a joint manner. Jointly is the right decision.

Ownership Status of Implementation of Assets in Mixed Marriages

The division of assets is often the main problem in divorce cases. It's like a treasure trove that becomes a problem for both parties. This article discusses the status of ownership of fixed objects on the division of assets in mixed marriages. By using research that is qualitative in nature and sourced from the law as a primary source and research results as a secondary source of law. The author describes the findings and discussion in this article. Which marriage can also result in the complete absence of gono gini property but the husband's property remains the husband's property and the wife's property also remains the wife's property. The division of assets by types of fixed objects in arbitrary assets is also one of the main issues that becomes a problem.

Marriage Cancellation According to Positive and Religious Law in the Perspective of Protection of Children and Women

This article examines the legal consequences of annulment of marriage from positive law and religious law in Indonesia. The method used is normative legal research using statutory, comparative, and case approaches. The results show that marriage annulment creates legal consequences for children, assets, and third parties. Regarding the legal consequences for children, it has been regulated in Article 28 paragraph (2) of the Marriage Law and Article 75 (b) KHI for the benefit or benefit of the child where in an annulment of a marriage, the law does not retroactively apply to children. As for the division of assets, in this case, the original/innate assets of the parties must be returned to the original/original owner. Furthermore, for third parties who have a good faith, the legal consequences of the annulment of marriage do not apply retroactively, so civil acts committed by the husband/wife before the annulment of the marriage remain valid. They must be resolved by the husband/wife so that the third party is not harmed. 2. There are several differences regarding the causes of marriage annulment, one of which is contained in article 71 KHI, namely being able to practice polygamy without permission from the Religious Court. Marriage law regulations in Indonesia prohibit polygamy without the permission of the Religious Courts because the principle of marriage in Indonesia adheres to the principle of monogamy. The Religious Courts will only grant polygamy permission to someone if they meet the requirements to practice it. They are implementing marriage annulment No.1022/Pdt.G/2018/PA.Smd at the Samarinda Religious Court is by applicable laws and regulations. The Religious Courts will only grant polygamy permission to someone if they meet the requirements to practice it. They are implementing marriage annulment No.1022/Pdt.G/2018/PA.Smd at the Samarinda Religious Court is in accordance with applicable laws and regulations. The Religious Courts will only grant polygamy p

From the Chair

From the Chair

Rozliczenia majątkowe oraz reprezentacja jednopłciowych partnerów w związkach nieformalnych

Asset settlement and representation of same-sex partners in informal relationships The division of assets after the dissolution of a same-sex relationship generates an increasing number of problems in relation to the institutionalization of both same-sex and different-sex relationships in different EU countries. Polish law does not recognize civil partnerships or same-sex marriages. However, it has become more common for a same-sex partners from a marriage registered outside Poland to acquire rights under the rules of common marital property law in force in another country, which has legal consequences under Polish law. In practice, in day-to-day matters and in legal transactions, partners act on the basis of very specific powers of attorney, granting them a much wider range of rights than those to which spouses are authorized under the common marital property law.

Rozliczenia majątkowe oraz reprezentacja jednopłciowych partnerów w związkach nieformalnych

Asset settlement and representation of same-sex partners in informal relationships The division of assets after the dissolution of a same-sex relationship generates an increasing number of problems in relation to the institutionalization of both same-sex and different-sex relationships in different EU countries. Polish law does not recognize civil partnerships or same-sex marriages. However, it has become more common for a same-sex partners from a marriage registered outside Poland to acquire rights under the rules of common marital property law in force in another country, which has legal consequences under Polish law. In practice, in day-to-day matters and in legal transactions, partners act on the basis of very specific powers of attorney, granting them a much wider range of rights than those to which spouses are authorized under the common marital property law.

Streamlining Tactical Operator Handoffs During Multi-Vehicle Applications

Increased automation has shifted the operator control paradigm from a single operator controlling a single vehicle, to multiple operators collaborating to control multiple vehicles; this paradigm is known as m:N. Many questions remain unanswered in this new operational paradigm about the division of assets as workload for individual operators varies over time. This paper explores the management of workload by enabling operators to temporarily handoff vehicles among each other. A study was conducted to explore both a manual and assisted method for performing handoffs during manipulated contingency scenarios. The assisted handoff method allowed subjects to easily choose and group nominal and/or contingency vehicles. The number of contingencies was also manipulated to determine the effect workload had on how pilots utilized the ability to handoff vehicles. Results show subjects performed handoffs more often when there were more contingencies and when the assisted handoff tool was available. In addition, the assisted tool made subjects feel more comfortable, enabling them to feel like they could take longer to resolve contingency situations. Lastly, even during contingencies, subjects were able to successfully complete secondary tasks.

Administration of the Estate under Regulation (EU) No. 650/2012

In the period between the deceased person’s death and division of assets in the deceased person’s estate among the heirs, an essential matter is administration of the estate. Persons exercising such administration should have adequate competences allowing them to perform factual and legal acts in relation to assets in the succession estate. The range of such persons and the scope of their competences differ in specific Member States of the EU. The law applicable to the administration of the estate, as well as other matters relating to succession, is currently designated by the Regulation (EU) No. 650/2012. This article is devoted to an analysis of the provisions of that Regulation on the administration of the estate. In addition, the article discusses the issue of qualifying the institution of succession administration as applicable in Poland with regard to an enterprise belonging to the succession estate. As a result of the investigations made, it can be concluded that administration of the estate is governed by the law applicable to the entirety of succession matters (lex successionis). This is the case also in respect of the succession administration recently introduced in Poland. Grounds for a different treatment of the succession administration cannot be found in Art. 30 of Regulation (EU) No. 650/2012.

A NOTE ON “TACIT UNIVERSAL PARTNERSHIPS”: CLARITY AT LAST: EX-PARTNER CAN GET SLICE OF THE PIE

There is no assumption of marriage in South African law in consequence of cohabitation regardless of the duration of the relationship. Our law does not give automatic rights to partners in a cohabitation relationship. If one of the parties dies without leaving a will for instance, the domestic partner is not legally entitled to inherit or to claim maintenance from the deceased’s estate. An aggrieved party would have to go to court to show that the parties were partners in a “universal partnership” and that the one party owes something to the other. The question that often arises is whether any mechanisms exist for the division of assets accumulated in a cohabitation situation on separation of the parties. If parties have cohabited and they can prove that a tacit universal partnership exists between them, all property of such apartnership is deemed to be jointly owned by the parties and debts are the joint liability of the parties. The issue as to whether a tacit universal partnership extends beyond commercial undertakings and whether the contribution by each party must be confined to profit-making has been the subject of much debate by our courts but has finally been decided by the court in the cases of Ponelat v Schrepfer (2012 (1) SA 206 (SCA)) and Butters v Mncora (181/2011) [2012] ZASCA 29 (28 March 2012)).

Contracting out Rules for Family Income Sharing Arrangements: Providing Certainty and Protecting the Vulnerable

Despite equal division of assets at the end of a relationship, residual economic disparity often remains. This is especially common when one partner has left the workforce to care for children. Addressing such divergent economic prospects at the end of long-term relationships has been a perennial policy challenge. In 2019, the Law Commission completed its review of the Property (Relationships) Act 1976 (PRA). The Commission recommended replacing the current economic disparity compensation and maintenance regimes with an income pooling mechanism: Family Income Sharing Arrangements (FISAs). It also recommended that couples be able to contract out of FISAs. This article explores the rationale for changing the current regime and the conceptual underpinnings of the proposed FISA regime, using human capital as a framework. The article proposes a detailed policy regime for FISA contracting out. The proposed rules consider the needs of couples with children, where a partner has left the labour force, or where lived reality has not met the couple's ex ante expectations. The resulting rules meet the policy goal of allowing couples to contract out of FISAs, but only where their contract causes no hardship. Additional disclosure is also recommended for contracting out of the other provisions of the PRA, with greater deference recommended for such private arrangements as a result.

ЕКОНОМІЧНИЙ АНАЛІЗ У СИСТЕМІ УПРАВЛІННЯ ОБОРОТНИМИ АКТИВАМИ ПІДПРИЄМСТВА

The article considers the methodology of financial analysis in the process of managing current assets of an agricultural enterprise. It is noted that economic activity and the economic mechanism should encourage the interests of people to achieve a certain positive result from the main activity: an increase in the volume of manufactured products, an increase in income and profit of the enterprise, an increase in labor productivity of workers and an intensification of activities. It is proved that the successful solution of the strategic task of overcoming the global financial crisis and stabilizing market relations is largely based on the restructuring and improvement of forms and methods of economic analysis. In the management system, financial and economic analysis is an integral part of management, and not an emergency measure, because it is impossible to carry out management without a systematic analysis of the state and availability of material values and funds, their expenditure, operations and processes that are associated with the sale of goods. It is noted that in the conditions of stabilization, the timeliness and effectiveness of economic analysis are of great importance. The efficiency of inventory sales largely depends on these factors. The main task of all enterprises of the agro – industrial complex is to adapt to modern realities in the agricultural sector, which involves solving a large number of legislative misunderstandings and economic problems and inconsistencies. The traditional approach to organizing a financial analysis system in modern conditions is marked exclusively by international market terminology, but by old approaches, estimates and tools. One of these examples of enterprises with modern approaches to solving problems of financial analysis of current assets is Public Joint Stock Company "Dashkivtsi", where not only financial and economic indicators are improving, but also sales markets and the range of agricultural products are expanding, its quality is improving, which is highly appreciated by consumers. Assets of an enterprise are resources – tangible or intangible resources of value (property objects) that are received by the enterprise as a result of previous operational and economic processes and tend to bring it (the enterprise) economic benefits in the future in the form of income. In world practice, assets are most often defined as a certain type of resource that an enterprise receives as a result of past events. The use of such resources in current or future periods may lead to an increase in the economic benefits of the enterprise itself or its owners. For the preparation of financial statements, the main valuation of assets is historical cost. Some enterprises use the current cost of assets as the main one, because they are not able or ready to complete the accounting model of their historical cost and reflect the impact of price changes on non-monetary assets. At the same time, each type of enterprise asset has a special methodology for evaluating various business operations in the course of its activities. The company's assets are divided into current and non-current. In foreign practice, each enterprise, taking into account the nature of its activities and the specifics of technology and organization of business operations, independently decides on the issue of dividing assets into current and non-current. In Ukraine, in accordance with the accounting regulation (standard) No. 2 "Balance sheet", the division of assets into current and non-current is mandatory.

חייבים תמיד נשארים חייבים: מבט אמפירי על הליכי חדלות פירעון של יחידים <br>Debtors Always Remain Debtors: An Empirical View of Individual Insolvency Proceedings

תקציר בעברית: תחום חדלות הפירעון מושך עניין רב בקרב חוקרים, רגולטורים, ואנשי פרקטיקה מתחומי המשפט, הכלכלה, המימון וראיית החשבון. עם זאת, מעטים הם המחקרים האמפיריים שבחנו את התנהלות הליכי חדלות הפירעון ופשיטת הרגל ואת תוצאותיהם. הליך חדלות פירעון מתנהל כאשר חייב נקלע למצב בו אינו יכול לפרוע את חובותיו במלואם. במסגרת ההליך נבחנים כלל נכסיו של החייב אל מול חובותיו ותוך התחשבות בסדרי נשייה נקבעת חלוקת הנכסים בין הנושים, ובהתאם ליכולתו הכלכלית, בניכוי הוצאותיו, נקבע לחייב צו תשלומים חודשי אותו יהיה עליו לשלם. מחקר זה עוסק בבחינה אמפירית של מדגם ייחודי ומייצג של תיקי חדלות פירעון של יחידים, הבוחן לראשונה את סכום צו התשלומים החודשי לקופת הנושים ומתמקד במאפייני התיק המשפיעים על גובה הפער בין צו התשלומים הנקבע על ידי בית המשפט לבין יכולתו של החייב לשלם צו זה, יכולת המבוטאת בפער בין הכנסותיו להוצאותיו. תוצאות המחקר מראות כי בממוצע צו התשלומים גבוה מיכולתו של החייב לשלם צו זה. בנוסף נמצא כי ככל שלחייב יש חובות למספר רב יותר של נושים פיננסיים, וללא תלות בגובה החוב כלפי נושים אלו, כך הפער בין צו התשלומים ליכולתו של החייב לשלם, גדל. English Abstract: The subject of insolvency attracts much interest among researchers, regulators, and practitioners from the fields of law, economics, finance, and accounting. However, only few empirical studies have examined the conduct and results of individual insolvency and bankruptcy proceedings. An insolvency proceeding is conducted when a debtor finds himself in a situation where he is unable to repay his debts in full. As part of the procedure, the debtor’s assets are examined against his debts, and the division of assets between the creditors is determined while taking into account the creditors’ order of priority. Subsequently, according to his financial ability, the debtor is required to pay a monthly payment order. This study employs a unique and representative sample of individual insolvency cases, and, for the first time, examines the sum of the monthly payment order to the creditors. We focus on the characteristics of the case, and in particular, on the effect of the difference between the payment order determined by the court and the debtor’s ability to pay, measured by the gap between his income and his expenses. We show that the payment order is, on average, higher than the debtor's ability to pay. Furthermore, we find that the greater the number of financial creditors to which the debtor owes debts, the greater the gap between the payment order and the debtor's ability to pay, regardless of the size of the debt owed to those creditors.

Облікове забезпечення кругообороту капіталу

Economic globalization, digitalization of management processes, introduction of new forms of business organization, implementation of the concept of sustainable development are factors that affect the process of capital turnover and determine the need to improve its accounting support. The purpose of the article is to search for options for improving the accounting for capital turnover at the enterprise in modern conditions of a dynamic market environment. The economic essence of capital was disclosed and the capital turnover was identified as an object of accounting. The capital turnover in the enterprise is carried out constantly and is expressed through the turnover of funds that must be reflected in the accounting system. The analysis of the presentation (classification) of assets in the reporting was carried out, and it was found that all assets of an economic entity are in economic circulation, although the order and circulation period of various assets is not the same. Therefore, the division of assets into non-circulating and circulating assets is incorrect, since it contradicts the real essence of economic phenomena. It was proposed to change the approach to the presentation of assets in the reporting and rename the sections “Non-circulating assets” and “Circulating assets” in the Balance Sheet (Statement of financial position) of Ukrainian enterprises to “Non-current assets” and “Current assets”, respectively. It was proposed to place the balance sheet asset items in descending order of liquidity of assets. In particular, the first item will be “Money and their equivalents”, and then other items depending on the liquidity of assets. Accounting for business transactions must be kept according to the stages of capital turnover. In order to accounting for the sale of goods, works and services, it is advisable to use one synthetic account, on the debit of which it shows the sold products at their cost price, and on the credit – at the selling prices.

The real estate encumbered with a mortgage as the object of proceedings for the division of joint property in the light of the case law of the Supreme Court

In proceedings for the division of joint property after the cessation of the joint marital property, the court’s main duties include the determination, ex officio, of not only the components, but also the value of individual components of the property. The determination of the value becomes complex, e.g. when the property consists of real estate on which a mortgage securing the bank’s receivables under a mortgage loan agreement has been established. This issue has a deep practical significance and, as a result, it was analysed in numerous judgements of the Supreme Court. However, at the moment it may be concluded that the line of case law indicating lack of necessity to take into account the mortgage burden in determining the value of the real estate has been established. Authors present the Supreme Court’s evolving approach to the issue of the mortgage impact on the value of real estate being the subject of division into co-owners’ obligations towards the bank under a mortgage loan agreement and the court’s obligation to determine the value of assets subject to the division. They also raise the issue of the effects of the division of assets consisting of the real estate encumbered with a mortgage for settlements of ex-spouses as borrowers in the context of Article 618 of the Polish Code of Civil Procedure.

UMOWA DZIERŻAWY CEŁ KRÓLEWSKICH PODSTOLEGO BRACŁAWSKIEGO MACIEJA JÓZEFA DZIEMBOWSKIEGO Z 1750 ROKU

In the National Archive in Poznan there is a collection of documents related to the Konarzewo land estate. One of its series, The Records of the Families Temporarily in Possession of Konarzewo and the Records of their Estates outside Konarzewo, contains documents concerning the division of assets after the death of Piotr Dzialynski, a voivod of Chelmno. It was made in Kowalewo on 30 April 1675 between Zygmunt Dzialynski, the voivod of Kalisz, and Marianna Olszowska nee Dzialynska, the wife of the chamberlain of Wschowa. The surviving documents provide information on the real property in the total decedent’s estate and on various obligations related to the estate and how they were paid over many years.