An examination of the law on matrimonial property in Uganda
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Date
2019-08
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Publisher
Kampala International University, School of Law
Abstract
The study examined the law on matrimonial property before, during and after marriage in
Uganda. There is much said on matrimonial property however the study examined the law in
pursuance of the rights to own property before marriage set, during marriage and after marriages.
It will justif'y the fact of the research on the rights of owing the property. The study was guided
by the following objectives;- to examine the National Framework on Matrimonial Property in
Uganda, to examine the International Legal Framework in Uganda, to examine the Institutional
Legal Framework on Matrimonial Property in Uganda and to examine the findings, conclusion
and recommendation on the law on Matrimonial Property in Uganda. Methodology utilized
Doctorial Legal Research qualitative in nature. By utilizing both qualitative and quantitative
methodologies the research is able to evaluate both formal and normative aspects of political
activity. This research used analysis of materials gathered through desktop and library research.
Article 31 (!)(b)] of the Constitution of Uganda provides that men and women of the age of
eighteen years and above, have the right to marry and to found a family and are entitled to equal
rights in marriage, during marriage and at its dissolution. The current law on matrimonial
property, the Matrimonial Property Act, is based on common principles of contribution instead
on the principles of equity. Having laws that will have a detrimental effect on one side goes
against the principles of equity. Measures need to be taken to ensure that Uganda stops
retrogressive realization of the matrimonial property rights to be accorded to spouses, as the
current matrimonial property law may be seen as a backward step for Uganda. Such measures
include.
Description
A research report submitted to the school of law in partial Fulfillment of the requirement for the award of Bachelors of laws in Kampala International University
Keywords
Family Law, Matrimonial property, Uganda