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Mariango v Nalau [2007] VUCA 15: compensation for contributions to property by de facto partners

Paterson, Donald E. (2008) Mariango v Nalau [2007] VUCA 15: compensation for contributions to property by de facto partners. [Book Review or Scholarly Comment]

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    Abstract

    In Vanuatu, Parliament has not seen fit to enact any statutory provisions to regulate the rights of legally married spouses to property accumulated during their marriage when their marriage is dissolved and the formerly married spouses go their own separate ways. Instead, through the judicial inventiveness of the Court of Appeal in Joli v Joli,1 the rights of formerly married spouses in Vanuatu to property accumulated during their marriage are regulated by Part II of the Matrimonial Causes Act 1973 (UK). It is not then surprising that the Parliament of Vanuatu has not enacted any legislation to regulate the rights of de facto partners, who have never been legally married, to property accumulated during their cohabitation when their cohabitation ceases, and the former partners go their separate ways. Again, the inventiveness of the Court of Appeal has had to be called into play to determine the respective rights of the parties to property accumulated by them during their period of living together. The Court of Appeal has, however, had overseas precedents to guide it, and the solution that it has enunciated for the first time in Vanuatu in the case which is the subject of this case note is one which is in accordance with that adopted in other countries of the Commonwealth.

    Item Type: Book Review or Scholarly Comment
    Subjects: K Law > K Law (General)
    Divisions: Faculty of Arts, Law and Education (FALE) > School of Law
    Depositing User: Users 24 not found.
    Date Deposited: 03 Feb 2008 08:30
    Last Modified: 03 Feb 2012 08:30
    URI: http://repository.usp.ac.fj/id/eprint/4307
    UNSPECIFIED

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