Legal Pluralism and Efficiency in Marriage Law

This book provides a novel approach to understanding the marital dynamic, explaining the substantive regulation of marriage, and modeling legal outcomes at the conflict of laws level. It proposes specific rules to regulate party autonomy and determine the applicable law in absence of a choice of law agreement. The book is organized in two parts, preceded by an introductory section examining the results achieved by the harmonization of conflict rules promoted by the EU. The first part puts forward economics as the approach to better comprehend the couples expectations of marriage, while the second part discusses the conflict of laws dimension of marriage from a law and economics perspective. The theoretical framework and conclusions are not dependent on specific legal provisions and will be of interest to scholars and lawmakers attempting to launch reforms or apply economics in the analysis of the law.

Format: Paperback / softback
Length: 357 pages
Publication date: 17 June 2022
Publisher: Intersentia Ltd

This book, based on economic theory, presents a groundbreaking approach to understanding the dynamics of marriage, elucidating the substantive regulation of marriage and modeling legal outcomes at the conflict of laws level. Marriage law and international marriage law are viewed as two interconnected facets of the legal domain, each addressing distinct aspects of the relationship while pursuing a shared objective: fostering ongoing cooperation between spouses, resulting in a positive spiral of repeated non-zero-sum games that enable both parties to derive various benefits that may be challenging or impossible to achieve individually.

In light of this, the author proposes specific rules to govern the autonomy of parties in the law governing their relationship, as well as to determine the applicable law in the absence of a choice of law agreement for critical aspects such as maintenance obligations, divorce, and property regime. The book is structured into two parts, preceded by an introductory section that critically examines the results achieved through the harmonization of conflict rules promoted by the European Union (EU). The EU instruments are used as a mere example to illustrate the problems associated with the current widespread view of resolving conflict of laws in marriage law, namely, unpredictability and inconsistency.

The first part of the book establishes economics as the framework for enhancing our understanding of couples' expectations of marriage. It delves into explaining the economic underpinnings of marriage, portraying it as a contractual arrangement, and demonstrating that common legal remedies and various mandatory and default rules in modern marriage law indeed have an economic foundation.

The second part of the book is dedicated entirely to the realm of conflict of laws. It explores the complexities and challenges involved in applying different legal systems to marriages that cross national borders. The author discusses the principles of jurisdiction, the applicable laws, and the strategies employed to resolve conflicts in such cases. The book also examines the role of international organizations and treaties in shaping the law of international marriage and the impact of globalization on the regulation of marriage.

In conclusion, this book offers a comprehensive and innovative perspective on the study of marriage law and international marriage law. By integrating economic theory, it provides a novel framework for understanding the dynamics of marriage and the legal outcomes that arise in cross-jurisdictional situations. The book is valuable for scholars, practitioners, policymakers, and anyone interested in the field of family law and international relations.

Weight: 600g
Dimension: 240 x 160 (mm)
ISBN-13: 9781839702297