Latest items for IAW-LAW-1
April 19, 2024, 9:59 p.m.
Countries: Romania
Variables: IAW-LAW-1, IAD-LAW-1
"The reserved portion of the succession is the part of the inheritance to which forced heirs (surviving spouse, descendants, and privileged ascendants – parents of the deceased) are entitled, even against the wishes of the deceased. The reserved portion for each forced heir is half of the share which would have been due to them as an heir at law, in the absence of any liberalities or disinheritance in the will" (12).
Variables: IAW-LAW-1, IAD-LAW-1
"The reserved portion of the succession is the part of the inheritance to which forced heirs (surviving spouse, descendants, and privileged ascendants – parents of the deceased) are entitled, even against the wishes of the deceased. The reserved portion for each forced heir is half of the share which would have been due to them as an heir at law, in the absence of any liberalities or disinheritance in the will" (12).
April 18, 2024, 5:54 p.m.
Countries: Ukraine
Variables: IAW-LAW-1, IAD-LAW-1
"Article 1261. First Priority Legal Heirs 1. The first priority legal heirs shall be the testator's children, including those conceived in the lifetime and born after death of the testator, the survivor spouse, and the parents" (10). The most recent laws noted in the WomanStats Database relating to women’s inheritance rights are still current as of December 2022 and no changes have been made, as verified by consulting The Women, Business, and the Law database for 2022 (AMC - CODER COMMENT).
Variables: IAW-LAW-1, IAD-LAW-1
"Article 1261. First Priority Legal Heirs 1. The first priority legal heirs shall be the testator's children, including those conceived in the lifetime and born after death of the testator, the survivor spouse, and the parents" (10). The most recent laws noted in the WomanStats Database relating to women’s inheritance rights are still current as of December 2022 and no changes have been made, as verified by consulting The Women, Business, and the Law database for 2022 (AMC - CODER COMMENT).
April 18, 2024, 1:59 p.m.
Countries: Zambia
Variables: IAW-LAW-1, IAD-LAW-1
"5. (1) Subject to sections eight, nine, ten and eleven the estate of an intestate shall be distributed as follows: Distribution of estate (a) twenty per cent of the estate shall devolve upon the surviving spouse; except that where more than one widow survives the intestate, twenty per cent of the estate shall be distributed among them proportional to the duration of their respective marriages to the deceased, and other factors such as the widow's contribution to the deceased's property may be taken into account when justice so requires; (b) fifty per cent of the estate shall devolve upon the children in such proportions as are commensurate with a child's...more
Variables: IAW-LAW-1, IAD-LAW-1
"5. (1) Subject to sections eight, nine, ten and eleven the estate of an intestate shall be distributed as follows: Distribution of estate (a) twenty per cent of the estate shall devolve upon the surviving spouse; except that where more than one widow survives the intestate, twenty per cent of the estate shall be distributed among them proportional to the duration of their respective marriages to the deceased, and other factors such as the widow's contribution to the deceased's property may be taken into account when justice so requires; (b) fifty per cent of the estate shall devolve upon the children in such proportions as are commensurate with a child's...more
April 18, 2024, 10:03 a.m.
Countries: Peru
Variables: IAW-LAW-1, IAD-LAW-1
"Article 818.- Equal inheritance rights of children. All children have equal inheritance rights with respect to their parents. This provision includes matrimonial children, extramarital children recognized voluntarily or declared by judgment, regarding the inheritance of the father or mother and their relatives, and adopted children...Article 825.- Exclusive succession of the spouse. If the deceased has not left descendants or ascendants with the right to inherit, the inheritance corresponds to the surviving spouse" (159-161). The most recent laws noted in the WomanStats Database relating to women’s inheritance rights are still current as of December 2022 and no changes have been made, as verified by consulting The Women, Business, and the Law...more
Variables: IAW-LAW-1, IAD-LAW-1
"Article 818.- Equal inheritance rights of children. All children have equal inheritance rights with respect to their parents. This provision includes matrimonial children, extramarital children recognized voluntarily or declared by judgment, regarding the inheritance of the father or mother and their relatives, and adopted children...Article 825.- Exclusive succession of the spouse. If the deceased has not left descendants or ascendants with the right to inherit, the inheritance corresponds to the surviving spouse" (159-161). The most recent laws noted in the WomanStats Database relating to women’s inheritance rights are still current as of December 2022 and no changes have been made, as verified by consulting The Women, Business, and the Law...more
April 17, 2024, 12:49 p.m.
Countries: Trinidad/Tobago
Variables: IAW-LAW-1, IAD-LAW-1
"If the intestate— (1) leaves— (a) no issue; and (b) no parent, or brother or sister of the whole blood, or issue of a brother or sister of the whole blood the estate shall be held in trust for the surviving spouse absolutely. (2) (a) leaves one child (whether or not persons mentioned in sub-paragraph (b) above also survive); the surviving spouse shall take one-half absolutely of the estate and the other half shall be held on the statutory trusts for the child. (b) leaves more than one child (whether or not persons mentioned in subparagraph (b) above also survive) the surviving spouse shall take one-third of the estate absolutely...more
Variables: IAW-LAW-1, IAD-LAW-1
"If the intestate— (1) leaves— (a) no issue; and (b) no parent, or brother or sister of the whole blood, or issue of a brother or sister of the whole blood the estate shall be held in trust for the surviving spouse absolutely. (2) (a) leaves one child (whether or not persons mentioned in sub-paragraph (b) above also survive); the surviving spouse shall take one-half absolutely of the estate and the other half shall be held on the statutory trusts for the child. (b) leaves more than one child (whether or not persons mentioned in subparagraph (b) above also survive) the surviving spouse shall take one-third of the estate absolutely...more
April 17, 2024, 11:47 a.m.
Countries: Sudan
Variables: IAW-LAW-1, IAD-LAW-1, POLY-LAW-1
"Ordained shares of the husband 356. The husband inherits by ordained shares - (a) one-half of the estate, in the absence of an inheriting descendant; at all; (b) one-quarter of the estate in the presence of an inheriting descendant, at all. Ordained shares of the wife 357. (1) The wife inherits by ordained shares- (a) one-quarter of the estate, in the absence of an inheriting descendant, at all; (b) one-eighth, of the estate, in the presence of an inheriting descendant, at all; (2) Where wives are several, the ordained share shall equally be divided among them...Cases of the daughter inheritance 359. The daughter inherits - (a) one-half of the estate...more
Variables: IAW-LAW-1, IAD-LAW-1, POLY-LAW-1
"Ordained shares of the husband 356. The husband inherits by ordained shares - (a) one-half of the estate, in the absence of an inheriting descendant; at all; (b) one-quarter of the estate in the presence of an inheriting descendant, at all. Ordained shares of the wife 357. (1) The wife inherits by ordained shares- (a) one-quarter of the estate, in the absence of an inheriting descendant, at all; (b) one-eighth, of the estate, in the presence of an inheriting descendant, at all; (2) Where wives are several, the ordained share shall equally be divided among them...Cases of the daughter inheritance 359. The daughter inherits - (a) one-half of the estate...more
April 17, 2024, 11:28 a.m.
Countries: Slovenia
Variables: IAW-LAW-1
"Inheritance by law comes into play when the will of the testator is not expressed in the will. The law clearly determines who takes precedence in inheritance by determining the successive succession orders. As a general rule, those who are closest to the testator are given priority in succession. Thus in the first hereditary order are the descendants of the decedent and his spouse. In the second and third hereditary order, the more distant relatives. Insofar as there are heirs in the first hereditary order, heirs from other hereditary orders will not be entitled to inheritance. Heirs over entry rights have priority over the rest of the hereditary ranks. In...more
Variables: IAW-LAW-1
"Inheritance by law comes into play when the will of the testator is not expressed in the will. The law clearly determines who takes precedence in inheritance by determining the successive succession orders. As a general rule, those who are closest to the testator are given priority in succession. Thus in the first hereditary order are the descendants of the decedent and his spouse. In the second and third hereditary order, the more distant relatives. Insofar as there are heirs in the first hereditary order, heirs from other hereditary orders will not be entitled to inheritance. Heirs over entry rights have priority over the rest of the hereditary ranks. In...more
April 16, 2024, 1:50 p.m.
Countries: Tunisia
Variables: IAW-LAW-1, POLY-LAW-1
"Article 101. Deux cas se présentent pour le mari: 1°)il a droit à la moitié en cas d'absence de descendants de l'épouse et de déscendants du fils, même s'ils sont d'un degré inférieur, 2°)il a droit au quart en présence de déscendants de l'épouse ou de déscendants du fils, même s'ils sont d'un degré inférieur, Article 102. Deux cas se présentent quand il y a une ou plusieurs épouses: 1°)le quart est attribué à une ou plusieurs épouses en cas d'absence de descendants du mari ou de déscendants du fils, même s'ils sont d'un degré inférieur, 2°) le huitième seulement leur est attribué en présence de descendants du mari ou...more
Variables: IAW-LAW-1, POLY-LAW-1
"Article 101. Deux cas se présentent pour le mari: 1°)il a droit à la moitié en cas d'absence de descendants de l'épouse et de déscendants du fils, même s'ils sont d'un degré inférieur, 2°)il a droit au quart en présence de déscendants de l'épouse ou de déscendants du fils, même s'ils sont d'un degré inférieur, Article 102. Deux cas se présentent quand il y a une ou plusieurs épouses: 1°)le quart est attribué à une ou plusieurs épouses en cas d'absence de descendants du mari ou de déscendants du fils, même s'ils sont d'un degré inférieur, 2°) le huitième seulement leur est attribué en présence de descendants du mari ou...more
April 12, 2024, 11:49 p.m.
Countries: Sweden
Variables: IAW-LAW-1
"Section 1 If the deceased was married, the estate shall go to the surviving spouse. If, however, the deceased leaves any direct heir who is not the direct heir of the surviving spouse, the spouse’s entitlement to the estate shall only include the inheritance share of such an heir if that heir has forgone his right as provided in Section 9. The surviving spouse shall always be entitled to receive from the estate of the deceased spouse, as far as the estate suffices, property which, together with the property received by the surviving spouse in property division or constituting that spouse’s separate property, corresponds in value to four times the...more
Variables: IAW-LAW-1
"Section 1 If the deceased was married, the estate shall go to the surviving spouse. If, however, the deceased leaves any direct heir who is not the direct heir of the surviving spouse, the spouse’s entitlement to the estate shall only include the inheritance share of such an heir if that heir has forgone his right as provided in Section 9. The surviving spouse shall always be entitled to receive from the estate of the deceased spouse, as far as the estate suffices, property which, together with the property received by the surviving spouse in property division or constituting that spouse’s separate property, corresponds in value to four times the...more
April 12, 2024, 3:48 p.m.
Countries: Sweden
Variables: LO-LAW-1, ATDW-LAW-1, IAW-LAW-1
"Chapter 1. Marriage § 1 In this Code contains provisions on cohabitation in marriage. The two who are married to each other are partners. Act ( 2009:253 ). 2 § Spouses should show each other respect and loyalty. They shall jointly nurturing home and children, and in consultation work for the family's best. § 3 Each spouse's ownership of its property and is responsible for its debts. 4 § Spouses shall allocate expenses and chores between them. They shall provide each other with the information necessary for the family's financial situation can be assessed (1)...Chapter 7. Matrimonial property § 1 A spouse's property is marital property to the extent that...more
Variables: LO-LAW-1, ATDW-LAW-1, IAW-LAW-1
"Chapter 1. Marriage § 1 In this Code contains provisions on cohabitation in marriage. The two who are married to each other are partners. Act ( 2009:253 ). 2 § Spouses should show each other respect and loyalty. They shall jointly nurturing home and children, and in consultation work for the family's best. § 3 Each spouse's ownership of its property and is responsible for its debts. 4 § Spouses shall allocate expenses and chores between them. They shall provide each other with the information necessary for the family's financial situation can be assessed (1)...Chapter 7. Matrimonial property § 1 A spouse's property is marital property to the extent that...more
April 11, 2024, 2:32 p.m.
Countries: Vietnam
Variables: IAW-LAW-1
"Article 66. Settlement of property of husband and wife in case a spouse is dead or declared to be dead by a court 1. When a spouse is dead or declared to be dead by a court, the other shall manage common property, unless another person is designated to manage the estate under his/her testament or the heirs agree to designate another person to manage the estate. 2. When there is a request for division of the estate, unless the couple has reached agreement on the property regime, common property of husband and wife shall be divided into two. The property portion of the spouse who is dead or declared...more
Variables: IAW-LAW-1
"Article 66. Settlement of property of husband and wife in case a spouse is dead or declared to be dead by a court 1. When a spouse is dead or declared to be dead by a court, the other shall manage common property, unless another person is designated to manage the estate under his/her testament or the heirs agree to designate another person to manage the estate. 2. When there is a request for division of the estate, unless the couple has reached agreement on the property regime, common property of husband and wife shall be divided into two. The property portion of the spouse who is dead or declared...more
April 7, 2024, 7:35 p.m.
Countries: Papua New Guinea
Variables: IAW-LAW-1, IAD-LAW-1
"(1) Subject to this section and to Sections 82 and 83, where a person dies intestate– (a) if the intestate leaves a widow or widower–she or he is entitled, if the intestate leaves issue, to one-third or, if the intestate leaves no issue, to one-half of the estate; and (b) if the intestate leaves a father and a mother but no widow or widower or issue–the estate shall be distributed equally between the father and the mother, and in the case of the latter for her own use; and (c) if the intestate leaves a widow or widower a father and a mother but no issue–one-half of the estate shall...more
Variables: IAW-LAW-1, IAD-LAW-1
"(1) Subject to this section and to Sections 82 and 83, where a person dies intestate– (a) if the intestate leaves a widow or widower–she or he is entitled, if the intestate leaves issue, to one-third or, if the intestate leaves no issue, to one-half of the estate; and (b) if the intestate leaves a father and a mother but no widow or widower or issue–the estate shall be distributed equally between the father and the mother, and in the case of the latter for her own use; and (c) if the intestate leaves a widow or widower a father and a mother but no issue–one-half of the estate shall...more
April 7, 2024, 6:38 p.m.
Countries: Senegal
Variables: IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"In dual systems such as in Senegal, where statutory law and Sharia law co-exist, the Senegalese citizens have the liberty to choose which regime they adhere to; otherwise, it is the statutory law that is applicable. While the Sharia law gives girls half the amount the son receives and the widow a quarter of the inheritance, the statutory Senegalese law makes no distinction between boys and girls during inheritance. Despite the fact that the statutory law is affirmative of equal inheritance irrespective of gender, it is essential to point out that in countries such as Senegal, where a majority of the population is Muslim, religion has a greater impact than...more
Variables: IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"In dual systems such as in Senegal, where statutory law and Sharia law co-exist, the Senegalese citizens have the liberty to choose which regime they adhere to; otherwise, it is the statutory law that is applicable. While the Sharia law gives girls half the amount the son receives and the widow a quarter of the inheritance, the statutory Senegalese law makes no distinction between boys and girls during inheritance. Despite the fact that the statutory law is affirmative of equal inheritance irrespective of gender, it is essential to point out that in countries such as Senegal, where a majority of the population is Muslim, religion has a greater impact than...more
April 2, 2024, 5:44 p.m.
Countries: Russia
Variables: IAW-LAW-1, IAD-LAW-1
"Article 1141. General Provisions 1. Legal heirs shall be called upon to inherit in compliance with the priority ranking set out in Articles 1142 - 1145 and 1148 of the present Code. The heirs of each next category shall inherit if there are no heirs of the preceding categories, i.e. if there are no heirs of the preceding categories or if neither of them are entitled to inherit or if all of them have been barred from inheritance (Article 1117), or deprived of inheritance (Item 1 Article 1119), if neither of them have accepted inheritance or if all of them have disclaimed inheritance. 2. Heirs of one category shall inherit...more
Variables: IAW-LAW-1, IAD-LAW-1
"Article 1141. General Provisions 1. Legal heirs shall be called upon to inherit in compliance with the priority ranking set out in Articles 1142 - 1145 and 1148 of the present Code. The heirs of each next category shall inherit if there are no heirs of the preceding categories, i.e. if there are no heirs of the preceding categories or if neither of them are entitled to inherit or if all of them have been barred from inheritance (Article 1117), or deprived of inheritance (Item 1 Article 1119), if neither of them have accepted inheritance or if all of them have disclaimed inheritance. 2. Heirs of one category shall inherit...more
April 2, 2024, 12:58 p.m.
Countries: Philippines
Variables: IAW-LAW-1
"Art. 995. In the absence of legitimate descendants and ascendants, and illegitimate children and their descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under article 1001. (946a). Art. 996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children. (834a). Art. 997. When the widow or widower survives with legitimate parents or ascendants, the surviving spouse shall be entitled to one-half of the estate, and the legitimate parents or ascendants...more
Variables: IAW-LAW-1
"Art. 995. In the absence of legitimate descendants and ascendants, and illegitimate children and their descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under article 1001. (946a). Art. 996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children. (834a). Art. 997. When the widow or widower survives with legitimate parents or ascendants, the surviving spouse shall be entitled to one-half of the estate, and the legitimate parents or ascendants...more
Jan. 29, 2024, 6:01 p.m.
Countries: India
Variables: ERBG-PRACTICE-4, IAW-LAW-1
"In terms of government-recognized documentation, many widowed women need to carry their husbands’ names to avail of social security benefits, including those from welfare schemes or from their husbands’ pensions. In 2016, the Ministry of Women and Child Development, a branch under the Indian government, released a 'comprehensive social protection mechanism plan' to address these issues. However, little has transpired since, and many women, especially those from economically weaker backgrounds, have to rely on parents to secure address proof so that they can open bank accounts or take out loans" (para 6).
Variables: ERBG-PRACTICE-4, IAW-LAW-1
"In terms of government-recognized documentation, many widowed women need to carry their husbands’ names to avail of social security benefits, including those from welfare schemes or from their husbands’ pensions. In 2016, the Ministry of Women and Child Development, a branch under the Indian government, released a 'comprehensive social protection mechanism plan' to address these issues. However, little has transpired since, and many women, especially those from economically weaker backgrounds, have to rely on parents to secure address proof so that they can open bank accounts or take out loans" (para 6).
Jan. 21, 2024, 10:43 a.m.
Countries: Saudi Arabia
Variables: IAW-PRACTICE-1, IAW-LAW-1, SAB-LAW-1
"As is common in other Muslim countries, no Muslim woman may marry a non-Muslim, and widows, compared with widowers, are entitled to a smaller share of the dead spouse’s estate" (para 15).
Variables: IAW-PRACTICE-1, IAW-LAW-1, SAB-LAW-1
"As is common in other Muslim countries, no Muslim woman may marry a non-Muslim, and widows, compared with widowers, are entitled to a smaller share of the dead spouse’s estate" (para 15).
Jan. 16, 2024, 6:33 p.m.
Countries: Botswana
Variables: IAW-LAW-1
"The Married Persons Property Act, 2014 makes provision for persons married under customary law to opt for the property to be administered under civil law. Those already married will further be permitted to change the status of their proprietary regime from out-of-community to in-community of property or vice versa depending on what works best for them" (8). "In terms of the Married Persons’ Property Act people can express which proprietary regime (whether in or out of community) they opt for, and failing such expression their mode of life can determine whether or not they are subject to customary law" (11). "[C]ustomary law is particularly enforced in rural areas, where local...more
Variables: IAW-LAW-1
"The Married Persons Property Act, 2014 makes provision for persons married under customary law to opt for the property to be administered under civil law. Those already married will further be permitted to change the status of their proprietary regime from out-of-community to in-community of property or vice versa depending on what works best for them" (8). "In terms of the Married Persons’ Property Act people can express which proprietary regime (whether in or out of community) they opt for, and failing such expression their mode of life can determine whether or not they are subject to customary law" (11). "[C]ustomary law is particularly enforced in rural areas, where local...more
Nov. 14, 2023, 9:38 p.m.
Countries: Cote D'Ivoire
Variables: IAW-LAW-1, IAD-LAW-1
"Section 3 Orders of successors Art. 26.— The children or their descendants and the surviving spouse succeed the deceased. Three-quarters of the estate goes to the children or their descendants and a quarter to the surviving spouse. In the absence of a surviving spouse, the children or their descendants alone succeed the deceased. Art. 27.— In the absence of children and descendants of the children, half of the estate is reserved for the father and mother of the deceased, the other half for the surviving spouse. In the absence of a surviving spouse, half of the estate goes to the father and mother, the other half to the brothers and...more
Variables: IAW-LAW-1, IAD-LAW-1
"Section 3 Orders of successors Art. 26.— The children or their descendants and the surviving spouse succeed the deceased. Three-quarters of the estate goes to the children or their descendants and a quarter to the surviving spouse. In the absence of a surviving spouse, the children or their descendants alone succeed the deceased. Art. 27.— In the absence of children and descendants of the children, half of the estate is reserved for the father and mother of the deceased, the other half for the surviving spouse. In the absence of a surviving spouse, half of the estate goes to the father and mother, the other half to the brothers and...more
Sept. 28, 2023, 10:28 a.m.
Countries: Pakistan
Variables: LO-LAW-1, ATDW-PRACTICE-1, ATDW-LAW-1, IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"Women faced legal and economic discrimination. The law prohibits discrimination based on sex, but authorities did not enforce it. Women also faced discrimination in employment, family law, property law, and the judicial system. Family law provides protection for women in cases of divorce, including requirements for maintenance, and sets clear guidelines for custody of minor children and their maintenance. Many women were unaware of these legal protections or were unable to obtain legal counsel to enforce them. Divorced women often were left with no means of support, as their families ostracized them. Women are legally free to marry without family consent, but society frequently ostracized women who did so, or...more
Variables: LO-LAW-1, ATDW-PRACTICE-1, ATDW-LAW-1, IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"Women faced legal and economic discrimination. The law prohibits discrimination based on sex, but authorities did not enforce it. Women also faced discrimination in employment, family law, property law, and the judicial system. Family law provides protection for women in cases of divorce, including requirements for maintenance, and sets clear guidelines for custody of minor children and their maintenance. Many women were unaware of these legal protections or were unable to obtain legal counsel to enforce them. Divorced women often were left with no means of support, as their families ostracized them. Women are legally free to marry without family consent, but society frequently ostracized women who did so, or...more
Sept. 28, 2023, 8:57 a.m.
Countries: Bahrain
Variables: IAW-LAW-1
"Islamic law mandates that men receive more inheritance than women and that children take citizenship from their fathers. Moreover, it states that it is unacceptable for women to live outside their married houses. Thus, while CEDAW improved women’s rights in Bahrain, the country’s commitment to Sharia law prevents Bahrain from truly accepting these social reforms" (para 6).
Variables: IAW-LAW-1
"Islamic law mandates that men receive more inheritance than women and that children take citizenship from their fathers. Moreover, it states that it is unacceptable for women to live outside their married houses. Thus, while CEDAW improved women’s rights in Bahrain, the country’s commitment to Sharia law prevents Bahrain from truly accepting these social reforms" (para 6).
Sept. 28, 2023, 8:48 a.m.
Countries: Bahrain
Variables: IAW-PRACTICE-1, IAW-LAW-1
"The basis for family law is sharia, as interpreted by Sunni and Shia religious experts. In 2017 King Hamad ratified the Shia portion of the Unified Family Law codifying the rights of Shia citizens, in particular women, according to the civil code on issues such as marriage, divorce, child custody, and inheritance. Shia and Sunni family law is enforced by separate judicial bodies composed of religious authorities charged with interpreting sharia" (32). "Women may own and inherit property and represent themselves in all public and legal matters. In the absence of a direct male heir, Shia women may inherit all of their husband’s property, while Sunni women inherit only a...more
Variables: IAW-PRACTICE-1, IAW-LAW-1
"The basis for family law is sharia, as interpreted by Sunni and Shia religious experts. In 2017 King Hamad ratified the Shia portion of the Unified Family Law codifying the rights of Shia citizens, in particular women, according to the civil code on issues such as marriage, divorce, child custody, and inheritance. Shia and Sunni family law is enforced by separate judicial bodies composed of religious authorities charged with interpreting sharia" (32). "Women may own and inherit property and represent themselves in all public and legal matters. In the absence of a direct male heir, Shia women may inherit all of their husband’s property, while Sunni women inherit only a...more
Sept. 8, 2023, 3:54 p.m.
Countries: Nicaragua
Variables: IAW-LAW-1, IAD-LAW-1
"In the intestate succession, neither the sex nor the primogeniture" (109). "The following are called to the intestate succession: 1º The legitimate descendants of the deceased. 2º Their legitimate ancestors. 3º The legitimate collaterals. 4th The natural children or natural grandchildren. 5º Their natural parents or natural grandparents. 6º The natural brothers. 7º The surviving spouse. 8º The municipalities. The order of succession is that indicated in the subsequent title" (109-110). The most recent laws noted in the WomanStats Database (since 1904) relating to inheritance are still current as of December 2022 and no changes have been made, as verified by consulting The Women, Business, and the Law database for...more
Variables: IAW-LAW-1, IAD-LAW-1
"In the intestate succession, neither the sex nor the primogeniture" (109). "The following are called to the intestate succession: 1º The legitimate descendants of the deceased. 2º Their legitimate ancestors. 3º The legitimate collaterals. 4th The natural children or natural grandchildren. 5º Their natural parents or natural grandparents. 6º The natural brothers. 7º The surviving spouse. 8º The municipalities. The order of succession is that indicated in the subsequent title" (109-110). The most recent laws noted in the WomanStats Database (since 1904) relating to inheritance are still current as of December 2022 and no changes have been made, as verified by consulting The Women, Business, and the Law database for...more
Sept. 8, 2023, 2:04 p.m.
Countries: Netherlands
Variables: IAW-LAW-1, IAD-LAW-1
"1. By law the following heirs are successively called to the estate of the deceased in order to inherit his property: a. the not legally separated spouse of the deceased together with the deceased’s children; b. if none of the under point (a) mentioned persons exist: the parents of the deceased together with the deceased’s brothers and sisters; c. if none of the under point (a) and (b) mentioned persons exist: the grandparents of the deceased; d. if none of the under point (a) (b) and (c) mentioned persons exist: the great-grandparents of the deceased" (art. 10). The most recent laws noted in the WomanStats Database (since 2012) relating to...more
Variables: IAW-LAW-1, IAD-LAW-1
"1. By law the following heirs are successively called to the estate of the deceased in order to inherit his property: a. the not legally separated spouse of the deceased together with the deceased’s children; b. if none of the under point (a) mentioned persons exist: the parents of the deceased together with the deceased’s brothers and sisters; c. if none of the under point (a) and (b) mentioned persons exist: the grandparents of the deceased; d. if none of the under point (a) (b) and (c) mentioned persons exist: the great-grandparents of the deceased" (art. 10). The most recent laws noted in the WomanStats Database (since 2012) relating to...more
Sept. 7, 2023, 1:32 p.m.
Countries: Nepal
Variables: LO-LAW-1, ATDW-LAW-1, IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"The law contains discriminatory provisions. For example, the law on property rights favors men in land tenancy and the division of family property. The constitution, however, confers rights for women that had not previously received legal protection, including rights equal to those of their spouses in property and family affairs, and special opportunities in education, health, and social security" (27). "The law grants women equal shares of their parents’ inheritance and the right to keep their property after marriage, but many women were not aware of their rights, and others were afraid to challenge existing practice. The law also grants widows complete access to and authority over the estate of...more
Variables: LO-LAW-1, ATDW-LAW-1, IAW-PRACTICE-1, IAW-LAW-1, IAD-PRACTICE-1, IAD-LAW-1
"The law contains discriminatory provisions. For example, the law on property rights favors men in land tenancy and the division of family property. The constitution, however, confers rights for women that had not previously received legal protection, including rights equal to those of their spouses in property and family affairs, and special opportunities in education, health, and social security" (27). "The law grants women equal shares of their parents’ inheritance and the right to keep their property after marriage, but many women were not aware of their rights, and others were afraid to challenge existing practice. The law also grants widows complete access to and authority over the estate of...more
Sept. 7, 2023, 1:15 p.m.
Countries: Nepal
Variables: IAW-LAW-1, IAD-LAW-1
"For the purposes of apportionment of a property in common, the husband, wife, father, mother, son and daughter shall be deemed to be coparceners, subject to the other Sections of this Chapter" (113). "(1) Each coparcener shall have equal entitlement to partition share. (2) If a woman coparcener is pregnant at the time of partition, and the baby to be delivered by her is to become a coparcener, partition shall be made by treating also such would be born baby as a coparcener and only after setting aside his or her partition share of property. (3) If the pregnant woman under sub-section (2) does not deliver a live baby, the...more
Variables: IAW-LAW-1, IAD-LAW-1
"For the purposes of apportionment of a property in common, the husband, wife, father, mother, son and daughter shall be deemed to be coparceners, subject to the other Sections of this Chapter" (113). "(1) Each coparcener shall have equal entitlement to partition share. (2) If a woman coparcener is pregnant at the time of partition, and the baby to be delivered by her is to become a coparcener, partition shall be made by treating also such would be born baby as a coparcener and only after setting aside his or her partition share of property. (3) If the pregnant woman under sub-section (2) does not deliver a live baby, the...more
Sept. 6, 2023, 6:29 p.m.
Countries: Mozambique
Variables: IAW-LAW-1
"The Committee takes note of the progress achieved in legislative reform since the consideration of the previous periodic report, but notes with concern the challenges to the effective implementation of the legal framework in place to protect women’s rights and the remaining discriminatory provisions in the legislative framework of the State party, including provisions on inheritance rights. With reference to its general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, the Committee recalls its previous recommendations (CEDAW/C/MOZ/CO/2, para. 13) and recommends that the State party...Amend or repeal all remaining sex discriminatory provisions, including those on inheritance rights, and complete its revision...more
Variables: IAW-LAW-1
"The Committee takes note of the progress achieved in legislative reform since the consideration of the previous periodic report, but notes with concern the challenges to the effective implementation of the legal framework in place to protect women’s rights and the remaining discriminatory provisions in the legislative framework of the State party, including provisions on inheritance rights. With reference to its general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention, the Committee recalls its previous recommendations (CEDAW/C/MOZ/CO/2, para. 13) and recommends that the State party...Amend or repeal all remaining sex discriminatory provisions, including those on inheritance rights, and complete its revision...more
Sept. 6, 2023, 12:35 p.m.
Countries: Mongolia
Variables: IAW-LAW-1, IAD-LAW-1
"The following persons shall be lawful successors with equal right for inheritance: The testator’s spouses, children born from before or after the death of testator or adopted, parents or foster parents" (183). The most recent laws noted in the WomanStats Database (since 2002) relating to inheritance are still current as of December 2022 and no changes have been made, as verified by consulting The Women, Business, and the Law database for 2022 (JLR-CODER COMMENT).
Variables: IAW-LAW-1, IAD-LAW-1
"The following persons shall be lawful successors with equal right for inheritance: The testator’s spouses, children born from before or after the death of testator or adopted, parents or foster parents" (183). The most recent laws noted in the WomanStats Database (since 2002) relating to inheritance are still current as of December 2022 and no changes have been made, as verified by consulting The Women, Business, and the Law database for 2022 (JLR-CODER COMMENT).
Sept. 1, 2023, 4:36 p.m.
Countries: Moldova
Variables: IAW-LAW-1
"(1) The surviving spouse is an heir on intestacy and is entitled to one quarter of the inheritance together with relatives of the first degree, regardless of the number of descendants. (2) The surviving spouse is entitled to one half of the inheritance together with relatives of the second degree or together with grandparents, regardless of the number of heirs. If there are both grandparents and descendants of grandparents living, the spouse also receives the share of the other half that under Article 2180 would pass to the descendants. (3) The share in the inheritance of the surviving spouse are determined before the determination of the share in the inheritance...more
Variables: IAW-LAW-1
"(1) The surviving spouse is an heir on intestacy and is entitled to one quarter of the inheritance together with relatives of the first degree, regardless of the number of descendants. (2) The surviving spouse is entitled to one half of the inheritance together with relatives of the second degree or together with grandparents, regardless of the number of heirs. If there are both grandparents and descendants of grandparents living, the spouse also receives the share of the other half that under Article 2180 would pass to the descendants. (3) The share in the inheritance of the surviving spouse are determined before the determination of the share in the inheritance...more
Sept. 1, 2023, 3:40 p.m.
Countries: Mexico
Variables: IAW-LAW-1
"The following have the right to inherit by legitimate succession: I.- The descendants, spouses, ascendants, collateral relatives within the fourth degree and the common-law spouses...(AMENDED, G.O. JUNE 7, 2006)" (178). "The surviving spouse, concurring with descendants, will have the right of a child, if he/she lacks assets or those that he/she has at the death of the author of the succession, do not equal the portion that each child should correspond to" (179). "In the absence of descendants, ascendants and siblings, the spouse will succeed all the goods" (180). The most recent laws noted in the WomanStats Database (since 2000) relating to inheritance are still current as of December 2022...more
Variables: IAW-LAW-1
"The following have the right to inherit by legitimate succession: I.- The descendants, spouses, ascendants, collateral relatives within the fourth degree and the common-law spouses...(AMENDED, G.O. JUNE 7, 2006)" (178). "The surviving spouse, concurring with descendants, will have the right of a child, if he/she lacks assets or those that he/she has at the death of the author of the succession, do not equal the portion that each child should correspond to" (179). "In the absence of descendants, ascendants and siblings, the spouse will succeed all the goods" (180). The most recent laws noted in the WomanStats Database (since 2000) relating to inheritance are still current as of December 2022...more