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Prenuptial agreements and the presumption of free choice : issues of power in theory and practice /
This book analyses the enforcement of prenuptial agreements using a feminist and contractual theoretical framework. It offers an academic and practical analysis of the real impact of prenuptial agreements on the relationships of those involved.
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Oxford :
Hart Publishing,
2015.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Half-title; Title; Copyright; Dedication; Preface; Acknowledgements; Contents; List of Abbreviations; Table of Cases; Table of Legislation; Note on Terminology; Introduction; Background; Power; Theoretical Perspectives Employed in this Book; Contract Theory; Feminist Critiques of Contract; Chapter Outline; 1. Radmacher v Granatino and the 'New Respect' for Autonomy; Background; Cases Before Radmacher; Proposed Reform Before Radmacher; Radmacher v Granatino; Radmacher in the Lower Courts; Supreme Court; Public Policy; Cases after Radmacher; Proposed Reform after Radmacher.
- The Law Commission's Report Matrimonial Property, Needs and AgreementsDivorce (Financial Provision) Bill; Re-evaluating the Radmacher View of Autonomy; Conclusion; 2. The Developing Landscape of Financial Provision on Divorce; Financial Provision Prior to the Matrimonial Causes Act 1973; Marriage Settlements and the Common Law Doctrine of Coverture; The Effects of Separate Property Prior to the Matrimonial Causes Act 1973; Financial Provision Under the Matrimonial Causes Act 1973; Judicial Discretion to Award Financial Provision (Ancillary Relief); Non-discrimination and Equality.
- The Three Strands of FairnessNeed; Compensation; Sharing; Prenuptial Agreements and the Three Strands of Fairness; Reform of Financial Provision; Conclusion; 3. Attorneys' Experiences of Prenuptial Agreements in New York; Why New York?; The Law of Prenuptial Agreements in the United States; The Law of Prenuptial Agreements in New York; Summary of Findings; Background to the Study; Attorneys' Experiences of Prenuptial Agreements in New York; Reasons for Entering into an Agreement; The Balance of Power Between Parties to a Prenuptial Agreement; Addressing Issues of Power in Practice.
- Steps Taken by Individual AttorneysRemaining Issues; Advice for the UK; Comparative Analysis; 'Prenuptial Contracts'; Fiduciary Relationship; Comparing New York with the UK; Issues with Power; Postnuptial Agreements; Conclusion; 4. Remedies in Contract for Prenuptial Agreements; Introduction; Duress; Background; 'Prenuptial Duress'; Difficulties with 'Prenuptial Duress'; Undue Influence; Actual Undue Influence; Background; Application to Prenuptial Agreements; Difficulties with Applying Actual Undue Influence to Prenuptial Agreements; Presumed Undue Influence; Background.
- Application to Prenuptial AgreementsDifficulties with Applying Presumed Undue Influence to Prenuptial Agreements; Unconscionability; Background; Application to Prenuptial Agreements; Difficulties with Applying Unconscionability to Prenuptial Agreements; Conclusion; 5. Towards a Feminist Relational Contract Theory of Prenuptial Agreements; Introduction; 'The Theory is a Mess'; Classical Contract Theory; Neo-classical Contract Theory; Relational Contract Theory; Critique of Mainstream Contract Theory; Relational Contract Theory and Prenuptial Agreements.