Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-ndw9j Total loading time: 0 Render date: 2024-11-06T10:57:07.226Z Has data issue: false hasContentIssue false

Part I - Economics As A Point Of Departure To Explain The Substantive Rules On Matrimonial Issues

Published online by Cambridge University Press:  17 December 2022

Get access

Summary

The aim of this part of the book is twofold: setting forth the contractual nature of marriage as well as the economic rationale behind this legal institution, and showing that an economic rationale indeed underlies many provisions of marriage law in modern legislation. Accordingly, this part is divided into four chapters: In the first one – Chapter 1 – the reasons to consider marriage as a contract and its function as an economic means will be discussed. A hypothesis about the reasons that motivate individuals to get married will be presented. This chapter suggests that marriage can be understood as a device that encourages spouses to make investments in the household, just as it imposes legal consequences in case the relationship ends prematurely or when certain promises made by the spouses are not delivered as agreed. Next, the book focuses on outlining the main tasks of marriage law and describes the economic logic of a number of substantive legal provisions governing the marriage. In Chapter 2, criteria will be discussed to delimit the promises that should be enforced by the courts. This chapter also shows the efficiency of some characteristic remedies provided by the law in the event of a marital crisis. Chapter 3 is focused on providing a conceptual framework that explains the economic rationale of the limitations to party autonomy, as well as the logic behind rules that can be overridden by the spouses. The last section – Chapter 4 – is devoted to summarizing the topics discussed and serves as a prelude to the next part of the book, which is entirely focused on solutions for the issues arising from the potential application of different legislation to marriages with international connotations.

Type
Chapter
Information
Publisher: Intersentia
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×