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Feminist Perspectives on Land Law - Essay Example
The present marriage status has been marked by change in the economic and social status of the women, with changing economic conditions and significance of the role of money in marriage. Joint ownership has been a common practice. This significantly brings in the importance of equity as a means of protection for women in society acting as a safeguard against emotional pressures and undue influence…
One of the important social factors contributing to this question has resulted from the fact that in recent year's family home has been used to secure for business borrowings in which both spouses are required to sign the relevant documents.
There have been other economic and political factors which has supported this economic decision. This presents a new situation which brought to surface the impact of 'undue influence' on the minority and weaker section representing wives; on the ground of emotional and financial dependence on the husband. Some of the other factors have been increased owner-occupation since second World war, government encouragement to small businesses in 1980's and increasing trend for spouses to hold jointly the legal title to the family home.. The real source of the problem has emerged from the fact that though wife is now required to execute documents charging the family home, it does not necessarily mean that she has an equal involvement with her husband in planning the transaction or an equal voice when it comes to making the decision to sign.
The role of the courts in the English law, is significant, while they respond to an increasing rhetoric of equality in English society througho ...