Marital Agreements and Private Autonomy in Comparative Perspective - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Marital Agreements and Private Autonomy in Comparative Perspective write by Jens M Scherpe. This book was released on 2012-02-24. Marital Agreements and Private Autonomy in Comparative Perspective available in PDF, EPUB and Kindle. This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements. The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principlesand makes recommendations for regulating marital agreements. A key theme is the function and effect of marital agreements in the different jurisdictions. Thus, each chapter first explains the underlying 'default' rules for ancillary relief/matrimonial property and maintenance. It then analyses the current rules for marital agreements, and gives a brief account of the private international law rules. The book provides a comprehensive source of reference on ancillary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. It offers guidance for academics and practitioners dealing with international matters, and a basis for discussions on law reform. 'I applaud the vision and perseverance of Jens Scherpe in having conceived this book and, with so much distinguished help, in now bringing it to birth. I will be using it for many years and I warmly invite my fellow family lawyers across the world to do likewise.' Foreword by The Rt Hon Lord Wilson of Culworth, Justice of the Supreme Court of the United Kingdom
Review of Marital Agreements and Private Autonomy in Comparative Perspective by Jens M. Scherpe
Review of Marital Agreements and Private Autonomy in Comparative Perspective by Jens M. Scherpe - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Review of Marital Agreements and Private Autonomy in Comparative Perspective by Jens M. Scherpe write by Andrew P. Hayward. This book was released on 2013. Review of Marital Agreements and Private Autonomy in Comparative Perspective by Jens M. Scherpe available in PDF, EPUB and Kindle. This review explores Jens M Scherpe's Marital Agreements and Private Autonomy in Comparative Perspective and discusses how that edited collection relates to existing academic literature in the area of prenuptial agreements.
Prenuptial Agreements and the Presumption of Free Choice
Prenuptial Agreements and the Presumption of Free Choice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Prenuptial Agreements and the Presumption of Free Choice write by Sharon Thompson. This book was released on 2015-08-27. Prenuptial Agreements and the Presumption of Free Choice available in PDF, EPUB and Kindle. This book provides an alternative perspective on an issue fraught with difficulty – the enforcement of prenuptial agreements. Such agreements are enforced because the law acknowledges the rights of spouses to make autonomous decisions about the division of their property on divorce. Yet this book demonstrates that, in the attempt to promote autonomy, other issues, such as imbalance of power between the parties, become obscured. This book offers an academic and practical analysis of the real impact of prenuptial agreements on the relationships of those involved. Using a feminist and contractual theoretical framework, it attempts to produce a more nuanced understanding of the autonomy exercised by parties entering into prenuptial agreements. This book also draws on an empirical study of the experiences and views of practitioners skilled in the formation and litigation of prenuptial agreements in New York. Lastly, it explores how the court might address concerns regarding power and autonomy during the drafting and enforcement processes of prenuptial agreements, which in turn may enhance the role that 'prenups' can play in the judicial allocation of spousal property on the breakdown of marriage.
Le formalisme en droit patrimonial de la famille
Le formalisme en droit patrimonial de la famille - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Le formalisme en droit patrimonial de la famille write by Samuel Fulli-Lemaire. This book was released on 2017. Le formalisme en droit patrimonial de la famille available in PDF, EPUB and Kindle. English Abstract: A significant number of recent studies have dealt with property relations between spouses and succession law from a comparative perspective. In both cases, formalism is a salient issue whenever private autonomy comes into play. This paper deals successively with marital agreements and testaments, the two acts to which most of the issues relate. As far as marital agreements are concerned, the various comparative studies that have been conducted reveal that formal requirements vary widely from one jurisdiction to another. However, this observation must be qualified by taking into account the scope of review exercised by courts over the agreement at the time of the divorce or litigation: often relaxed formal requirements are balanced by broad judicial review. Regarding testaments, a wide-ranging study reveals a steady ebb of formalism across all jurisdictions. Remarkably, it affects all kinds of testaments, and this trend may be further reinforced by a shift towards "property rights, interests and assets created or transferred otherwise than by succession", since part of their appeal is their greater flexibility when it comes to formal requirements.
Contractualisation of Family Law - Global Perspectives
Contractualisation of Family Law - Global Perspectives - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Contractualisation of Family Law - Global Perspectives write by Frederik Swennen. This book was released on 2015-07-06. Contractualisation of Family Law - Global Perspectives available in PDF, EPUB and Kindle. This volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. It contributes to the topical academic debate on ‘family law exceptionalism’ by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist. The contributions focus on both substantive and procedural family law on parents and children and on life partners, with particular attention for contractual arrangements of family formations and of conflict resolution. The hypothesis underlying all contributions was the trend towards contractualisation of family law. A convergent research outcome resulting from the comparison of national reports was the ambivalent position of family law in legal systems worldwide. That comparison shows that, whereas family law is clearly moving towards contract with regard to old family formations, the contrary is true for new family formations. The movement towards contract is rarely considered to be contractualisation pur sang, with civil effect. The movement towards status, finally, does not necessarily witness ‘family law exceptionalism’ vis-à-vis private law, in view of the increasing State interventionism in private law relations in general. In sum, as the volume shows, the high permeability of the demarcations between the State, the family and the market impedes a categorial approach. This volume is based on the general and selected national reports on the topic “Contractualisation of Family Law” that were presented at the XIXth International Congress of Comparative Law in Vienna in July 2014.
