Judicial approaches to determination of earning capacity as matrimonial property; Special reference to UK, USA, Australia and Malaysia Law
One of the important aspects in managing marriages is property arrangement. The definition of property includes both tangibles and intangibles property. The tangible property is defined by the economists based on goods, physical commodities or product whereas any bodiless or immaterial property s...
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| Main Authors: | , , |
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| Format: | Conference or Workshop Item |
| Language: | en |
| Published: |
2018
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/1380/1/FH03-FUHA-19-22900.pdf http://eprints.unisza.edu.my/1380/ |
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| Summary: | One of the important aspects in managing marriages is property arrangement. The
definition of property includes both tangibles and intangibles property. The
tangible property is defined by the economists based on goods, physical
commodities or product whereas any bodiless or immaterial property such as
services are regarded as intangible property. Differentiating between the
definitions of both tangibles and intangibles is quite significant, as it records
fundamental role in which dividing assets accurately is achieved. In many instances
of marriage breakdown, one of the most valuable economic asset is the earning
capacity of one or both of them. The question of intangible interest such as human
capital and future interests as matrimonial property had been vigorously debated
but the policies are still unascertained. This paper discusses the legal approaches
of courts in few jurisdictions in dealing with claims on earning capacity as
matrimonial property. Research methodology applied in this paper are the
statutory and doctrinal analysis. |
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