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Property Division

其他書名	Lessons from New Zealand
出版	SSRN, 2017
URL	http://books.google.com.hk/books?id=oqbdzwEACAAJ&hl=&source=gbs_api

註釋One of the aims of the law is provide a framework by which people can live their lives with a degree of assurance. The framework ought to contain rules that are tolerably clear but not so inflexible that unusual situations cannot be catered for. This paper questions to what extent family law may be an exception to this? Family law embraces the foibles of human nature and, perhaps increasingly, the volatile values of multicultural societies. Setting out hard and fast rules, especially in relation to the care of children, is arguably not always appropriate. However, is this also true of property and financial issues? Common law countries such as England and Australia have said yes, and have systems containing a notable component of judicial discretion. Others such as New Zealand, drawing on the civil law tradition have said no. Yet despite New Zealand's deferred community regime, this essay shows that there remain many issues where bright lines are not easy to draw.