PROBLEMATIKA PEMBAGIAN HARTA BERSAMA DI SAMALANGA-BIREUEN

Zaiyad Zubaidi
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引用次数: 1

Abstract

Joint assets are assets obtained either individually or with a husband and wife as long as the marriage is underway without questioning registered in the name of anyone. Although the term jurisprudence of shared assets is not found, the community practice does not separate husband and wife's assets in marriage giving birth to a conception of shared assets which is then considered to be syirkah between husband and wife in the institution of marriage. Divorce is one of the causes of the emergence of problems relating to shared property. The problem that is possible is that there is no division in accordance with the provisions of the applicable laws. The question is how to divide shared assets in Samalanga and what is the problem. The research is qualitative research in the form of field studies using a conceptual approach. The results of the study found that in Samalanga-Bireuen there were cases of joint property controlled by one of the wives or husbands, even though the customary practice of the Samalanga community carried out joint property distribution between husband and wife after divorce with a third pattern. This happened because between the husband and wife found that there was still an attitude of apathy and laity towards the existence of shared assets in the marriage.Keywords: Problems, Joint Assets, Divorce.
共同财产是指在婚姻存续期间,夫妻双方在不受质疑的情况下以任何人的名义取得的个人或共同财产。虽然没有找到共同财产的法理术语,但社区实践并没有将婚姻中的丈夫和妻子的财产分开,从而产生了共同财产的概念,然后被认为是婚姻制度中丈夫和妻子之间的叙利卡。离婚是出现共有财产问题的原因之一。可能出现的问题是没有按照适用法律的规定进行划分。问题是如何划分萨马兰加的共享资产,问题是什么。本研究采用概念性方法,以实地研究的形式进行定性研究。研究结果发现,在Samalanga- bireuen,存在由妻子或丈夫之一共同控制财产的情况,尽管Samalanga社区的习惯做法是在离婚后以第三种模式在丈夫和妻子之间共同分配财产。这是因为夫妻之间发现,对于婚姻中共有财产的存在,仍然存在着一种冷漠和俗套的态度。关键词:问题,共同财产,离婚。
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