Go to AfricaBib home

Go to AfricaBib home African Women Go to database home

bibliographic database
Line
Previous page New search

The free AfricaBib App for Android is available here

Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Determining Property Rights between Spouses on Divorce: A Tale of Two Jurisdictions (Ghana and Botswana)
Author:Quansah, E.K.
Year:1993
Periodical:African Journal of International and Comparative Law
Volume:5
Issue:2
Period:June
Pages:389-401
Language:English
Geographic terms:Ghana
Botswana
Subjects:jurisprudence
marriage law
property
divorce
Law, Human Rights and Violence
Women's Issues
Peoples of Africa (Ethnic Groups)
Law, Legal Issues, and Human Rights
Cultural Roles
External link:http://www.heinonline.org/HOL/Page?handle=hein.journals/afjincol5&id=403&collection=journals&index=journals/afjincol
Abstract:This paper explores the manner in which the courts in Ghana and Botswana have utilized their discretionary power to effect equitable distribution of matrimonial assets in divorce cases and the difficulties they have encountered because of the absence of any clear policy guidance from the legislature. The comparison reveals that in Ghana, the courts have adopted equitable principles, while in Botswana no clear approach is discernible, especially in relation to marriages out of community of property. Given the limited nature of the courts' powers to adjust existing proprietary rights, the author argues that these powers should be enlarged and embodied in statute, taking into account the social peculiarities of the respective countries. Notes, ref.
Views