"Personal @ business" businesses'/companies' assets as matrimonial property; the legal policy

Abd Ghadas, Zuhairah Ariff and Ibrahim, Norliah (2010) "Personal @ business" businesses'/companies' assets as matrimonial property; the legal policy. In: International Conference on Public Policies & Social Sciences e-Proceedings (icops2010), 26-27 May 2010, SP Inn Hotel, Sungai Petani, Kedah.

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Abstract

Matrimonial disputes are one area of law, which is highly litigated before the registrars and judges. Under the Malaysian law, the court shall have power to order the division of any assets acquired by the divorced parties during the marriage including those attained by the sole efforts of one part to the marriage. Reference to personal property normally did not raise contentious issue as the court would apply the general rule / method in dividing or concluding the matrimonial property However, when it comes to distribution of business assets or interest in business, particularly those which are under the business's name, many legal issues may arise, such as rights or entitlement of the ex-spouse to claim, proportion and division of the assets as a matrimonial property and rights to future interest/benefits of the business assets/profits. This paper intends to look into policies/ approached of both the civil and Shariah courts in determining claims against the business's or company's assets as a matrimonial property. Research methodolgy which is adopted in this paper is statutory and doctrinal analysis.

Item Type:	Conference or Workshop Item (Full Paper)
Additional Information:	11723/12138
Uncontrolled Keywords:	Matrimonial property, lifting of corporate veil, derivative action
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Nur Aqilah Norudin (PT)
Date Deposited:	27 Dec 2011 14:11
Last Modified:	09 Jan 2012 09:54
URI:	http://irep.iium.edu.my/id/eprint/12138

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