Protection of contracting party equality in marriage contracts
Bibliographic Data
| ID | 7165328 |
|---|---|
| Authors | Bogdana Stjepanović (0000-0002-9504-473X, corresponding author), Jovana Rajić-Ćalić (0000-0003-4658-3451, Swiss Institute of Comparative Law) |
| Year | 2025 |
| Volume | 16 |
| Issue | 2 |
| Pages | 477-498 |
| Publication date | 2025-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Pravni zapisi (JOURNAL) |
| Journal identifiers | ISSN: 2406-1387 • E-ISSN: 2217-2815 |
| Publisher | Centre for Evaluation in Education and Science (CEON/CEES) (PUBLISHER) |
| DOI | 10.5937/pravzap16-60787 |
| OpenAlex | W7117333716 |
| Language | EN |
| References cited | 12 |
The protection of the equality of contracting parties in marriage contracts is a key prerequisite for achieving fairness in such legal relationships. The paper analyzes potential solutions and suggests ways to integrate them into the Serbian legal system, in the absence of adequate mechanisms to protect the equality of the contracting parties. This study focuses on concrete legal mechanisms, providing brief relational contract theory insights about their dynamic nature. The paper presents a thorough analysis of protective measures for both the formation and execution of contracts by drawing essential lessons from German civil law, which has developed sophisticated judicial review systems. The study also assesses how gender equality principles work to resolve the previous legal inequalities that existed in these agreements. The paper outlines specific mechanisms that should be implemented in the Serbian legal system, applying doctrinal and comparative legal methods
Contract theory · German · Inequality · Relational contract · Serbian · Conflict of Laws and Jurisdiction · Energy Law and Policy · European and International Contract Law
| Highly cited | No |
|---|