Marital Contract Research Articles

Marital Contracts on the Fault Lines: A Liberal Inquiry

Abstract The revolution in Western family law over the past 50 years—often described as ‘liberalization’—involves a decrease in the importance of fault-based factors alongside an increase in the significance of marital contracts. While these two trends generally complement each other, they may conflict when a couple seeks to assign economic consequences to sexual fault through a contract. Should such an agreement be legally enforceable? Which aligns more with a ‘true liberal’ perspective: advocating against fault or for the use of contracts? This paper suggests a new approach that goes beyond simply determining which trend should prevail. We illustrate how the perceived conflict between proponents of sexual liberalization and proponents of contractual liberalization could be resolved by identifying the underlying reasons that motivate each ‘camp’, proposing potential legal mechanisms and specific legal contexts in which broad agreement might be reached, and explicating the multidimensionality of family law liberalization.

The Role Of Values In Managing Marital Life And Its Disputes

The study aimed to explain the role of values in managing marital life and its disputes, by explaining their preventive and curative role in marital life. With examples of some values that embody these two roles in marital life. To achieve the objectives of the study, the researchers followed the descriptive and analytical approach. The study concluded that the values controlling the marital relationship cannot be deviated from the legal standard that justifies it. The role of values in marital life is also characterized by a comprehensive framework. It has a preventive and a therapeutic axis. In addition to the many types of values required in marital life and in managing the differences that mar marriage. Islam also urges spouses, through legal texts, to comply with every value that will ensure the balance of the marital relationship and maintain its stability. Such as affection, cooperation, justice, equality, understanding, and others. In addition to Islam's keenness on the sustainability of marriage by confronting the challenges it faces, it presents value standards as one of the most important remedial procedural steps in resolving marital disputes or dissolving the marital contract with the least negative consequences. Accordingly, the texts containing the provisions on divorce point out many of the values that should be resorted to in reforming the marital relationship. Such as the desire to fear God, the desire for reform, justice, and other values. In light of the results, the researchers recommend conducting rehabilitation courses for those about to marry, providing them with marital life management skills, and directing them to the necessity of values in protecting marriage from all its under-miners. Conducting more specialized studies on the values of marital life in light of different fields; Social, economic, administrative, and religious and others. Stimulating efforts to conduct field studies that measure the repercussions of values in marital life and their greatest impact on the stability of the marital institution. From the couple's point of view.

Correction to: The supply and demand of marital contracts: the case of same‑sex marriage

Correction to: The supply and demand of marital contracts: the case of same‑sex marriage

Attribution of Character "Jian Xiaocong's" Infidelity in Junils' Narrative

"The Boy Who Sings Love Songs, Please Don’t Be Sad," published on July 1, 2010, by Chunfeng Literature and Art Publishing House, is a work of author Junils. This book narrates the obsessive love story of Jian Xiaocong. "Infidelity" traditionally refers to words or actions deviating from principles or exceeding established boundaries. In modern context, it typically denotes the act of one or both parties in a committed relationship or marriage engaging in intimate relationships outside their vows to fulfill emotional or sexual needs. The emergence of infidelity is linked to the concept of marital contracts. Jian Xiaocong had been in a three-year romantic relationship with He Wangchuan, whom she met in college. He Wangchuan was known for his strong personal abilities, academic excellence, and a stable, well-paying job post-graduation. His heart was solely devoted to Jian Xiaocong, making him an ideal marital partner. Yet, Jian Xiaocong chose to engage in an affair with Shen Zixiong, ending her three-year love story with He Wangchuan. Her situation was not one of enduring the tribulations of being cheated on. Nor was it a case of psychological warping caused by monetary influence or the pressures of a male-dominated society on women. The emotional bond she shared with Shen Zixiong was more about the undercurrents of desire hidden beneath personal secrecy.

The supply and demand of marital contracts: the case of same-sex marriage

The supply and demand of marital contracts: the case of same-sex marriage

The Shifting Meaning of Walīmatul ‘Urs in the Era of Society 5.0 in Indonesia: Islamic Law Perspective

The advent of globalization, ushering in the era of Society 5.0, has turned marriage events into a focal point of cultural dynamics. An example of this is evident in the celebration of weddings, known as walīmatul ‘urs. This study delves into the walīmatul ‘urs festivities organized by various Muslim celebrities in Indonesia. While these celebrities uphold the Islamic marital contract, they also hold extravagant wedding ceremonies infused with Western-inspired themes that come with significant costs. This study is a qualitative phenomenological study with an approach to Islamic law. This study analyzes media content to get an overview of the phenomenon of marriage among celebrities. The data collection process uses three techniques: observation, interviews from digital sources, and documentation. This study concludes that the purpose and main meaning of walīmatul ‘urs according to Islamic family law is as a sacred and strong bond (mithāqan ghalīdhan), a form of expression of gratitude to God and happiness in addition to providing benefits to society. The meaning of walimatul 'urs then underwent a shift in essence in the context of Indonesian Muslim celebrities, which were partly influenced by technological advances in the Society 5.0 era. Open (explicit) and implicit transformations and shifts in interpretation, when walimatul 'urs develops into a symbolic representation of social status, which is often characterized by luxury and functions as a venue to elevate one's social status.

Introduction

Introduction

2. Legal and Social Review of Child Marriage in Pakistan: A Judicial Perspective

Child marriage in Pakistan is associated with social, economic, and juridical aspects rather than mere religion. It is an exception to general Islamic law for the best interests of the child. The determination of the legal age of marriage for a child is discussed, but no efficient steps are taken in Pakistan. Marriage is still regulated by an old ambiguous colonial law. Furthermore, penal amendments are introduced with zero implementation. Although child marriage is covered by penal clauses, the courts recognise such marital contracts. Recently, FST (Federal Shariat Court) and IHC (Islamabad High Court) discussed this matter in detail and equalised child marriage as a crime clearly. These courts confirmed the determination of the legal age for marriage according to sharia. Moreover, several contemporary legal principles of Islamic jurisprudence are stressed on this issue. It is highlighted to examine child marriage in the context of social and public interest. The research at hand will review child marriage in the juridical context of the courts. It will denote the social aspects of this issue. This article will analyse the latest judgments of FST and IHC.

Intimate Contracts and Choice Theory

Abstract Contract is one of the key tools liberal law employs in the service of its core mission of enhancing people’s autonomy, and choice theory conceptualizes this task as contract’s telos. It thus prescribes three principles – proactive facilitation, regard for the future self, and relational justice – for guiding the legal constitution of contract law in all spheres of human interaction. Spousal contracts are no exception. Thus, the law governing intimate agreements both allows people to adjust the default rules governing their marital estates and provides people off-the-shelf options for structuring their interpersonal interaction as spouses. In turn, the law of marital contracts ensures that free exit from marriage is, as it should be, immutable. Finally, relational justice guides, albeit still imperfectly, both law’s normative defaults for marital contracts and the rules that govern premarital, marital, and cohabitation agreements.

Who Opts Out? The Customisation of Marriage in the German Matrimonial Property Regime

This study examines the prevalence of marital contracts across marriage cohorts (1990–2019) in Germany. We further investigate the characteristics of spouses who signed a marital contract. Using cross-sectional data from the German Family Panel (pairfam, 2018/19), we employ complementary log–log and multinomial logistic regression models to predict the prevalence and the type of marital contracts. The results show that 5% of all married couples opt out of the default matrimonial property regime by signing a contract in Germany. Differentiating between contract types, most couples either specify a separation of property (40%) or modify the default community of accrued gains (31%). We find an increase in the prevalence of marital contracts across marriage cohorts. The decision to opt out of the default is strongly positively associated with self-employment that often requires the customisation of asset ownership structures within marriage. Married individuals with prior divorce experiences are more likely to opt for the separation of property, indicating that the awareness of the economic consequences of divorce promotes the individualisation of marriage. Our results are in line with the cross-national trend towards customised marriages, although the trend in Germany is less pronounced than in other countries.

ضوابط الاختلاف حول الأموال المشتركة بين الزوجين وآثاره

There is no doubt that the marital rights between the spouses stemming from this sacred covenant vary between purely material rights and moral rights that include both spouses, and among these rights are funds related to the Muslim family, which arose with this construction and the sacred covenant, the provisions of Islamic law have preserved the rights of The financial wife imposed her dowry, and obliged the husband to support and accommodation for the wife. Taking care of her and maintaining herself and her body, and through this financial care for the rights of the wife and the woman’s enjoyment of financial responsibility independent of the husband, the common money between the two spouses may arise through the course of life between them, and it is known that the marital contract in Islam ends with one of only two: divorce or death, and so on. They have implications for joint funds; From here comes the importance of this study to solve the problem of disagreement over joint funds.
 the importance of studying .
 The shared money between the spouses is of great importance in the stability of the family and the building of society. Therefore, attention must be paid to the reality of the joint money, how it is managed, and the controls that govern it when disagreeing, so that the financial rights of both spouses are not lost. Which may negatively affect the stability and development of society.
 Objectives of the study :
 The study seeks to achieve a set of goals that would achieve balance in the issue of joint funds, and among these goals.
 1- Attempting to find an accurate definition of the shared property between spouses
 2- Establishing rules and controls for dealing in joint funds
 3- A statement of the legal adjustment of the joint property of the spouses
 Research questions :
 Several questions revolve around this problem, including the following.
 1- If the marital contract occurred and ended, then what is the fate of the common property between the spouses?
 2- What is the matter if a dispute occurs between the spouses about this money?
 3- What are the controls that can be referred to when the difference occurs?
 Through this research paper, we try to answer these questions in order to arrive at a legal adaptation to the problem of disagreement about the joint money between the spouses, and to explain the implications of that. By studying this topic in the following pages.

Spousal Contracts and Choice Theory

Contract is one of the key tools liberal law employs in the service of its core mission of enhancing people’s autonomy, and choice theory conceptualizes this task as contract’s telos. It thus prescribes three principles – proactive facilitation, regard for the future self, and relational justice – for guiding the legal constitution of contract law in all spheres of human interaction. Spousal contracts are no exception. Thus, the law governing intimate agreements both allows people to adjust the default rules governing their marital estates and provides people off-the-shelf options for structuring their interpersonal interaction as a spouse. In turn, the law of marital contracts ensures that free exit from marriage is, as it should be, immutable. Finally, relational justice guides, albeit still imperfectly, both law’s normative defaults for marital contracts and the rules that govern premarital, marital, and cohabitation agreements.

MARRIAGE AND PROPERTY REGIME OF SPOUSES UNDER KOSOVO CURRENT LAW AND DRAFT – CIVIL CODE

The impact of marriage in the property rights of spouses has been recognized since Roman law and nowadays remains a principle well established under each European legal system. Under Kosovo law, marriage creates different legal consequences between spouses including for their property rights. The current property regime of spouses under the Law on Family establishes rules on individual ownership and joint ownership. However, it does not recognise the contract for the regulation of the property regime of spouses. This has created problems with regard to the separation of the property after the marriage ceases. Contrary to this, under Kosovo Draft Civil Code – Book 4 on Family, the property regime of the spouses has advanced including for the recognition of premarital and marital contracts. This paper discusses questions arising from the relationship between spouses that have an effect on property and are treated from a current law perspective and in line with the civil law codification that is occurring in Kosovo.

Harmony of autonomy and paternalism in the US marital property contract system: Focusing on the marital contract

Korean civil law also regulates marital property contracts in Article 829, but their contents are very poor, and in reality, marital property contracts are rarely used. As a result, the development of the law on marital property contracts is very slow. There is also a problem that a couple’s property contract on the ratio of property division becomes ineffective due to a case law that states that martial contract is not allowed during marriage or that it is impossible to give up the right to claim property division in advance. This paper aims to deepen and expand the discussion on the marital property contracts in Korea through analysis of the contents of the US state and model law and the process of change. In the case of Korea, the view of marriage and protection of the underprivileged is stronger than that of private autonomy or contract freedom, as can be seen from the precedent of the fact that it is impossible to give up the right to claim property division through the marital property contract. However, the debate and experience in the United States concerning the preferred discipline of premarital and marriage contracts suggests that legislation and interpretation need to be extended to extend the principles of private autonomy. The reason for this is as follows. First of all, there is a growing demand for individuals to autonomously establish property relationships between couples. Second, it is worth noting that the need for paternalism is decreasing. Third, we cannot but point out the abandonment of paternalism. Nevertheless,there are certain limits to emphasizing the principle of private autonomy in marital property contracts. Introducing written attention to a couple’s property contract or requiring the assistance of a lawyer can alleviate the problem of limited rationality, and imposing an obligation to provide information, particularly property disclosure, is a means of resolving the problem of incomplete information. Getting help from a lawyer may alleviate the problems caused by negotiating power gaps. Standard contracts may help to prevent unlawful and irrational marital property contracts.

Dzieje i obraz majętności charłupskiej w rękach Walewskich herbu Kolumna w drugiej połowie XVII i XVIII wieku na podstawie inwentarzy dóbr

Wsie Charłupia Wielka, Rowy i Drzązny tworzyły majętność charłupską, która położona w województwie sieradzkim w Rzeczypospolitej Obojga Narodów należała do XVII w. do rodu Świnków, Malskich herbu Nałęcz i Zapolskich herbu Pobóg. Na skutek umów małżeńskich i procesów sądowych dobra te trafiły w ręce Jana Franciszka Walewskiego, stolnika sieradzkiego, i jego żony Konstancji Bogumiły z Zapolskich. W XVIII w. właścicielami dóbr byli kolejni przedstawiciele rodu Walewskich herbu Kolumna: kasztelanowie rozpierscy Jan i Franciszek oraz Jan Nepomucen, chorąży większy sieradzki. Na podstawie zachowanych inwentarzy z końca XVII i XVIII w. można śledzić losy Charłupi Wielkiej, Rowów i Drzązny. Dobra te, które przeżywały okres rozwoju za czasów stolnika sieradzkiego, podupadły na początku XVIII w. z powodu problemów z wierzycielami. Następni właściciele przejęli owe dobra w swoje ręce i podjęli się spłaty zobowiązań. Jednocześnie przez całe stulecie inwestowali w nie, podnosząc ich wartość. Opisy dworu i budynków towarzyszących wskazują, jak wiele zmieniało się na przestrzeni lat. Dwór stał się siedzibą tej gałęzi Walewskich, a różnorodność zabudowań świadczyła o tym, że właściciele oprócz dochodu z pracy na roli czerpali korzyści finansowe z hodowli owiec czy koni. Ważną kwestią było również zmienne zaludnienie dóbr. Od momentu przezwyciężenia kryzysu z początku XVIII w. liczba ludności zależnej wzrastała, a co za tym szło – rósł również dochód z produkcji rolnej. Losy majętności charłupskiej pokazują, w jaki sposób szlacheckie majątki położone na terenie województwa sieradzkiego starały się podnieść z okresu zniszczeń z czasów wojny północnej oraz jak radzono sobie z problemem ich zadłużenia i zarządzania w różnych okresach koniunktury gospodarczej.

Beyond Converting to Unholy Deadlock, What Was Once and Is No Longer Holy Wedlock: A Case for Obtaining a Declaration of Nullity of Marriage, for Those Parties in a State of an Irretrievably Broken Marriage

This paper provides for a possible legal framework for obtaining a declaration of nullity of marriage, for those parties who are married under the Marriage Registration Ordinance No.19 of 1907 (as amended) and are presently living in a state of a broken marriage that cannot be rehabilitated, at all. The cause of action for the institution of the case is a deadlock, within the marital union, caused due to an irretrievable breakdown of marriage. (It should be noted that the present paper is a revised and expanded version of my article of a similar name which I uploaded on 19th February 2019.) The source of power for the District Court to entertain the proposed application is founded under section 19 of the Judicature Act, No.2 of 1978, as amended. The substantive law for the proposed application is the common law, which is applicable for the declaration of nullity of marriage, and which accordingly deals with the grounds that vitiate the marital contract. This strand of the common law should be separated from the common law that is applicable for a judgment in the nature of vinculo matrimonii, which is based on marital fault. Firstly, the paper will highlight some significant reasons for having such an option, made available under the law. Upon that, it will set out the legal framework, proposed by this paper, for making the respective application to Court. Given that there are some significant cases in Sri Lanka, that have rejected the concept of breakdown of marriage, as part of the substantive law falling under section 19 of the Marriage Registration Ordinance, this paper will include a discussion of these cases (i.e. as to whether they are relevant to the proposed framework), while arguing the position that the application for nullity of marriage - material to this paper, stands independent to the position, mentioned in those judgments.

Family-specific investments and divorce with dynamically inconsistent households: Marital contracts and policy

This paper bridges two distinct areas of inquiry: the economic theory of the family and behavioral research on time-inconsistent preferences. Motivated by anecdotal and survey evidence suggesting that present bias plays a role in intra-household decision making, we propose a model in which hyperbolic discounting couples engage in home production activities, thereby accumulating family-specific capital over time. At any given point in time, the gains to continued marriage depend on the accumulated stock of this capital and a temporary random shock to match quality. Couples whose match quality deteriorates may choose to divorce, and this is more likely to happen if past investments in family-specific capital have been low. We obtain three main sets of results. First, present-biased preferences induce couples to underinvest in family-specific capital and to “overdivorce”. Second, sophisticated couples but not naive ones may choose to enter marriage on terms which make divorce more costly to obtain. Third, the inefficiencies in the behavior of time-inconsistent couples can be completely undone by means of earnings and divorce taxes that vary over the marital life-cycle.

Marrying Without the Consent of the Wali (a Case Study of Pakistan) Compatibility of Pakistani Family Laws with UDHR

Marriage and family institution occupies a very pivotal and important position in the legal system of Islam. The Holy Qur’an describes marriage as mithaqanghaliza. The phrase mithaqanghaliza implies that marriage is a sacred and sanctified contract, which is higher in status than ordinary civil contracts. Marriage in Islam is essentially a righteous act and is an act of devotion (‘ibadah’). Women, according to some, require a Wali (Guardian) who ensures their rights in a marriage. The question here is whether the woman needs permission from her wali to marry or whether she has the right to marry anyone whom she likes without permission from her wali. The Shafi’i, Maliki and Hanbali schools say that nikah entered into by a woman herself, without the permission of her wali, is invalid and void. However, the Hanafi ruling on the said matter is that a woman can enter into a marital contract by herself without the permission from her wali. The right to marry with free and full consent, by a woman, is clearly given by Islam and is also incorporated in the national laws of the country. Moreover, it is established under international human rights law in many conventions such as Universal Declaration of Human Rights, 1948. However, in many Muslim countries, it is crushed by the customary and traditional old practices practiced by many families. It also shows the lack of religious knowledge, ineffectiveness of the law and inappropriate policies and procedures adopted by the states.

Betting the House: How Assets Influence Marriage Selection, Marital Stability, and Child Investments

Marriage used to be practically universal, but now persists as an institution for only some groups, while others choose non-marital fertility. This paper posits that if one role of marriage is to insure one partner's investment in children, then home-ownership can be seen as providing the necessary collateral for this contract. As easier divorce and paternity enforcement outside of marriage have reduced the relative strength of the marital contract, the division of assets, particularly the family home, post-separation has remained unique to marriage. We provide a model where husbands can ante up the marital home to elicit more optimal child investments, whose costs are born mostly by the mother, by reducing the chance of divorce while providing consumption insurance to their partner. This, in turn, increases the value of marriage for those able to access this collateralized version of the contract. The model predicts that individuals able to buy a home at the time of marriage will invest more in children and have greater labor specialization, while policy changes that eroded marriage's relative commitment value would have heterogenous effects by asset-holding, both of which appear to hold in US data.

Problematyka warunku co do przyszłości w świetle rotalnego wyroku c. McKay z dnia 14 maja 2012 r.

The presented article is a commentary on the rotal sentence c. McKay of 14 May 2012. What attracted the author’s attention is the question of the condition concerning the future added to the marital contract. As the author stated in the introduction, the commentary did not appear as a result of a new doctrinal or procedural solution introduced in the legal order or in the actual form of the sentence. The main reason for writing it was the fact that in the course of the case a new question appeared which was not previously discussed in rotal jurisdiction and was connected with the plaintiff’s intention to make use of new procreational techniques such as heterological insemination and surrogate maternity.In the course of the discussed case, mentioning such events from the marital life of the parties did not bring the result awaited by the plaintiff, i.e. the annulment of marriage.The panel of judges based their argumentation on the fact that the subject of the condition was not precisely specified by the plaintiff while the main counter-argument against adding the condition to the marital contract wasthe long-lasting married life of the parties.