Includes bibliographical references (pages 249-278) and index.
Contents:
Certainty, precision, coherence, and simplicity in the determination of the applicable law. Gerard-Rene de Groot -- Conclusion: Uncertainty and inconsistency surrounding the determination of the applicable law in the EU instruments on matrimonial issues -- Part I. Economics as a point of departure to explain the substantive rules on matrimonial issues -- Marriage as a contract and its economic function for the spouses -- Explaining enforcement of promises in substantive marriage law from an economic perspective -- Explaining mandatory and default rules in substantive marriage law from an economic perspective -- Substantive marriage law from a law and economics perspective -- Part II. Economics as a point of departure to build a system of conflict of laws for matrimonial issues -- Legal pluralism and its costs for married couples -- Regulatory competition and the law market for matrimonial issues -- Advantages of allowing free determination of the applicable law to matrimonial issues -- Applicable law in absence of a choice of law agreement -- Conclusion: Certainty, precision, coherence, and simplicity in the determination of the applicable law.
Summary:
Based on economic theory, this book offers a novel approach to understanding the marital dynamic, explaining the substantive regulation of marriage and modeling legal outcomes at the conflict of laws level. Marriage law and international marriage law are presented as two sides of the same coin, two separate but complementary areas of the law dealing with different aspects of the relationship, pursuing the same goal: providing a legal framework to encourage continued cooperation between spouses--a positive spiral of repeated non-zero-sum-games--that enable both of them to obtain benefits of various kinds which are difficult or even impossible to achieve separately. On this ground the author proposes specific rules to regulate the party autonomy for the law governing the relationship, and to determine the applicable law in absence of a choice of law agreement for key aspects of the relationship: maintenance obligations, divorce, and property regime.
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