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This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...
Persistent link: https://www.econbiz.de/10013124820
This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...
Persistent link: https://www.econbiz.de/10012826375
By tradition, gifts, wills, and contracts are formalized according to protocols established within each legal category. This Article examines the policies that underlie these "formalizing rules" and concludes that the utility of those rules depends fundamentally on the background conditions...
Persistent link: https://www.econbiz.de/10013062517
This essay is an updated, expanded and revised version of the second half of Divorce Rates, Marriage Rates, and the … declining marriage rates …
Persistent link: https://www.econbiz.de/10014223811
fringe categories of beneficiaries within the broader context of relationship theory …
Persistent link: https://www.econbiz.de/10014117153
This Article explores the problems that arise when a will fails to dispose of an individual's entire estate, so that she dies partially testate and partially intestate. The questions then raised include (1) whether provisions contained in the will purporting to redefine the individual's...
Persistent link: https://www.econbiz.de/10014157444
This paper examines the effects of reforms that reduced alimony on matching in the marriage market. Recent literature … reform that reduced the entitlements of eligible spouses and American Community Survey data on marriage and the …
Persistent link: https://www.econbiz.de/10012703134
This paper applies the theory of relational contracts to a model in which a couple decides whether to marry or cohabit … among the decisions on marriage, fertility and divorce. …
Persistent link: https://www.econbiz.de/10010363961
We use elementary game-theoretical concepts to compare domestic equilibria with and without marriage. In particular, we … examine the effects of marriage legislation, matrimonial property regime, and divorce court sentencing practice, on the … decision to marry, and on the choice of game conditional on marriage. We find that, in the absence of social stigma or legal …
Persistent link: https://www.econbiz.de/10003926729
A theory of the economic aspects of the law of marriage. In The Nature of the Firm (1937), Ronald Coase noted that …’ll support me." Some are short term: "I’ll drop off the dry-cleaning; you pick up the kids." Economic theory tells us that such … marriage substitutes non-contractual rules to enforce implicit deals between spouses. Like corporate law, it largely supplants …
Persistent link: https://www.econbiz.de/10014146543