Property and inheritance rights address women’s and gender minorities’ access to ownership and inheritance of land, housing, and assets.
This Code comprises the main body of laws of Thailand and regulates many aspects of Thai law. Section 1502 states that divorce may be effected only by mutual consent or by judgment of the court. The grounds of action for divorce are set out at Section 1516 and do not discriminate between genders.
A person has the right to leave his or her property to one or several persons included or not included in the list of heirs under law, and has the right to deprive of an inheritance any and all of the heirs under law (including a surviving spouse) without giving a reason, in accordance with Art.
Article 976 states that children born to Iranian fathers are considered Iranian subjects. No clause exists extending the same rights to children born of Iranian mothers where the child’s father is not Iranian. This provision demonstrates that Iranian women cannot pass on their Iranian nationality to their children.
With regards to inheritance law (Arts. 906-915), a widow inherits less than a widower in Iran. A widow inherits one-quarter of her deceased husband’s property if the deceased husband left no children behind, and one-eighth if he did leave children behind. In contrast, a surviving husband inherits half of his deceased wife’s property if she left no children behind and one-quarter if she did leave children behind (Art. 913). Consistent with this pattern, under Iranian Civil Code Article 907, sons inherit twice as much as daughters when a parent is deceased.
According to Iranian law, the husband is the exclusive holder of the position of “head of the family” (Art. 1105). As such, the husband provides his wife with the cost of maintenance (Art. 1106), “which includes dwelling, clothing, food, furniture, and provision of a servant if the wife is accustomed to have servant or if she needs one because of illness” (Art.
The Civil Law of Guyana Act (the “Act”) sets out the rules for intestate succession, and provides that daughters and sons equally inherit assets from their parents. Similarly, male and female surviving spouses are entitled to the same interests. For example, if a husband is the surviving spouse, he is entitled to the same interest his wife would be entitled to if she was the survivor.
This case concerned the determination of what constitutes relationship property in a divorce proceeding and how trusts may affect this determination (e.g. if a sham trust is implemented to hide assets, therefore affecting a woman’s economic rights in a divorce). The term “relationship property” is defined in the Property Relationships Act of 1976, the principles of which focus on the equality of spouses and that at the end of a relationship, any economic divisions should reflect equal contributions made by the couple during the relationship.
Virginia’s former statute on the property rights of married women, Va. Code § 55-35, guaranteed that a married woman could acquire, hold, use, control, and dispose of property as if she were unmarried. This provision was repealed in 2019 and replaced with the current Property Rights of Married Persons statute, Va. Code § 55.1-200 et seq. The revised law extends the same rights to all married persons, regardless of gender.
The Italian Civil Code provides for succession and inheritance, each of which require equal treatment of male and female children, including adopted children (Book II, Title I art. 56). In cases in which the conduct of a spouse or co-habitant causes serious physical or mental harm to the other spouse or co-habitant, but the conduct does not constitute a criminal act, the court may issue a family order of protection.
The Chilean Civil Code, enacted in 1855, has undergone significant reforms to expand rights and promote equality. In 2022, through Law No. 21,400, Chile legalized same-sex marriage, granting same-sex couples the same marital and family rights as opposite-sex couples, including adoption rights. The Civil Code also prohibits discrimination based on sexual orientation and gender identity, reaffirming the principle of equality before the law.
