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Marital Agreements and Private Autonomy in Comparative Perspective (Hardcover, New)
Loot Price: R5,953
Discovery Miles 59 530
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Marital Agreements and Private Autonomy in Comparative Perspective (Hardcover, New)
Expected to ship within 10 - 15 working days
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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
General
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