Download as PDF

Assumptions

It is assumed that the woman

• Resides in the economy’s main business city.
• Has reached the legal age of majority and is capable of making decisions as an adult; if there is no legal age of majority, the woman is assumed to be 30 years old.
• Is sane, competent, in good health and has no criminal record.
• Is a lawful citizen of the economy being examined.
• Where the question assumes that the woman or man is unmarried, she or he has never been married.
• Where the question assumes that the woman or man is married, the marriage is monogamous and registered with the authorities.
• Where the question assumes that the woman or man is married, the marital property regime under which she or he is married is assumed to be the default marital property regime, and it is also assumed that the marital property regime will not change during the course of the marriage.
• Where the answer differs according to the legal system that applies to the woman —as may occur in economies where legal plurality exists—the answer used will be the one that applies to the majority of the population.

The answers to these questions are based on the law as codified in the main business city and not the practice of that law. Therefore, customary law is not taken into account unless it has been codified. Social or cultural norms are also not taken into account.

The questions for the using property indicator are designed to determine what management and control of marital property looks like in the default marital property regime in each economy covered. For all questions relating to the ability of married women to carry out activities independently of their husbands, the key concern is reciprocity. Unequal treatment is counted only where a married man can carry out the activity, and his wife is not able to do so equally.