Book contents
- Frontmatter
- Dedication
- Miscellaneous Frontmatter
- Foreword
- Preface
- Acknowledgments
- Contents
- List of Cases
- Introduction: 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
- PART II Economics as a Point of Departure to Build a System of Conflict of Laws For Matrimonial Issues
- Conclusion: Certainty, Precision, Coherence, and Simplicity in the Determination of the Applicable Law
- Bibliography
- Index
- About the Author
PART II - Economics as a Point of Departure to Build a System of Conflict of Laws For Matrimonial Issues
Published online by Cambridge University Press: 17 December 2022
- Frontmatter
- Dedication
- Miscellaneous Frontmatter
- Foreword
- Preface
- Acknowledgments
- Contents
- List of Cases
- Introduction: 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
- PART II Economics as a Point of Departure to Build a System of Conflict of Laws For Matrimonial Issues
- Conclusion: Certainty, Precision, Coherence, and Simplicity in the Determination of the Applicable Law
- Bibliography
- Index
- About the Author
Summary
The next chapters are entirely focused on the conflict of laws dimension of marriage. Using the economic rationale outlined before, the way in which the conflict of laws system ought to be draft ed is discussed. The goals – from an economic perspective – pursued by the substantive law are used as a point of departure for the analysis. Based on them, it is concluded that the application of the legal system chosen freely by the couple or – in absence of a choice of law agreement – the law of the country of their first common residence – or, subsidiarily, the place of conclusion of the marriage – are the most appropriate solutions for the resolution of a conflict of laws.
This part is divided into four chapters. Chapter 5 deals with the general objectives of private international law from a law and economics perspective. It establishes attributes of the conflict rule that encourage more legal transactions in the international arena. Chapter 6 explores the emerging dynamic once spouses are allowed to determine themselves the law they deem most suitable to govern their relationship. Chapter 7 presents the most salient advantages of party autonomy in international marriage law. Chapter 8 focuses exclusively on the applicable law when spouses have not made use of their freedom of choice.
- Type
- Chapter
- Information
- Legal Pluralism and Efficiency in Marriage Law , pp. 119 - 120Publisher: IntersentiaPrint publication year: 2022