Private Autonomy and Marital Property Agreements
Bibliographic Data
| ID | 9931644 |
|---|---|
| Authors | Anne E Sanders (0000-0003-2607-9514, Deutscher Bundestag, corresponding author), Anne Sanders (0000-0003-0405-2919) |
| Year | 2010 |
| Volume | 59 |
| Issue | 3 |
| Pages | 571-603 |
| Publication date | 2010-07-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0020589310000230 |
| OpenAlex | W1978171223 |
| Language | EN |
| Citations received | 2 |
| References cited | 2 |
After the Court of Appeal decision in Radmacher v Granatino , the question whether English law should introduce enforceable pre-nuptial or marital property agreements came into focus again. Taking the decision as a starting point, the article argues in favour of introducing such agreements. Adopting a comparative approach, the article explains how such agreements are used in Germany and demonstrates that the idea of private autonomy, which has been regarded as the basis of pre-nuptial property agreements in Germany since the 19 th century, can explain why couples should be allowed to make their own decisions with respect to the financial consequences of the breakdown of their relationship. Analysis of the different notions of contract in German and English law as well as comparing marriage with partnerships and other long-term contractual relationships illustrates not only the historical reasons why such agreements have not been allowed so far, but also helps to understand what safeguards the legislator and the judiciary could apply to ensure that parties do not abuse their freedom
Appeal · Autonomy · Business · Geography · German · Law and economics · Legislation · Legislator · Political science · Politics · Private property · Private sphere · Property (philosophy · Sociology · Conflict of Laws and Jurisdiction · Law · Legal principles and applications · Multicultural Socio-Legal Studies
| Unique citing works | 2 |
|---|---|
| Citations per year | 0.15 |
| Citation span | 2013 - 2026 (14) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 1 |