COMPARATIVE ANALYSIS OF SUCCESSION RIGHTS UNDER CUSTOMARY MARRIAGE WITH SUCCESSION RIGHTS UNDER STATUTORY MARRIAGE IN SOUTH-EASTERN NIGERIA.

ONWUKA, VIVIAN OLUCHI (2026) COMPARATIVE ANALYSIS OF SUCCESSION RIGHTS UNDER CUSTOMARY MARRIAGE WITH SUCCESSION RIGHTS UNDER STATUTORY MARRIAGE IN SOUTH-EASTERN NIGERIA. Other thesis, Godfrey Okoye University, Enugu.

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Abstract

The nature of man makes him to value family ties and continuity. In a bid for him to maintain the status quo, he enters into marriage which could either be customary or statutory marriage to fulfil the Divine mandate of increasing and multiplying the earth to ensure continuity. The inevitability of death which makes it a reality that one day we all will exit this world but when and how remains a mystery beyond human reasoning. When a man eventually dies, his properties which he acquired during his lifetime devolve to his family members bestowing on them rights and duties over the said properties. These rights are nothing other than succession rights. A man may preempt his exit and prepare the devolution of his properties stating the beneficiaries and the extent of the interests therein through testamentary disposition. This is known as testate succession, but where he does not make such provisions before his death, such is known as intestate succession. Where the man dies intestate but contracted a customary marriage, the customs and law of his place shall regulate the devolution of his properties but if he dies intestate and contracted a valid marriage under the Act, the Administration of the Estate Laws shall regulate such devolution of property of the deceased. The implication of these is that succession and inheritance to the estate of the deceased depend largely on the type of marriage contracted during his lifetime. Marriage is a condition precedent for succession to take place for it cannot exist in isolation. This paper seeks to appraise by way of comparison succession rights under customary law marriage with succession rights under statutory marriage in South-eastern Nigeria. We were able to bring to bear through our analysis the discrimination that still exist in most customs having regards to female children, children born out of wedlock and widows even after so many laws and judicial decisions have tried to put a stop to the discriminatory practices. We equally identified the disparities that exist between the two rights of succession. We concluded by reinstating our findings and making viable recommendations that will help to strike a balance to ensure certainty and predictability in our legal system.

Item Type:	Thesis (Other)
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law, Arts and Social Sciences > School of Law
Depositing User:	COMFORT AJALA
Date Deposited:	24 Jul 2026 09:40
Last Modified:	24 Jul 2026 09:40
URI:	http://eprints.gouni.edu.ng/id/eprint/5905

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