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What sort of contract is marriage? What does it offer the parties? What are the difficulties of enforcement, and the result of failed effective enforcement? This book takes an economic approach to marriage and divorce, considering the key role of incentives in family law: it highlights the possible adverse consequences emanating from faulty legal design, while demonstrating that good family law should provide incentives for consistent and honest behavior. Economists, specialists in the economic analysis of law, and academic lawyers discuss recent advances in specialist work on marriage, cohabitation, and divorce. Chapters are grouped around four topics: the contractual perspectives on marriage commitment; the regulatory framework surrounding divorce; bargaining and commitment issues relating to marriage and near-marriage arrangements; and finally empirical work, which focuses on the impact of more liberal divorce laws. This important new study will be of considerable interest to lawyers, policy-makers and economists concerned with family law.
A comprehensive look at how rabbinical courts control Israeli marriage and divorce
Marriage rituals and divorce procedures have varied widely over time and across cultures. The History of Marriage and Divorce explores the evolution of these two institutions, from our early hunter-gatherer ancestors through antiquity and the middle ages up to modern times. In this book, collaborative attorney and former psychology professor Harry L. Munsinger explains the legal, economic, religious, evolutionary, and psychological issues involved in mating and divorcing. This book will give readers insight into why humans marry, divorce, and remarry with such irrational abandon. The reader will discover that the tendency to marry and divorce are partly inherited and the personal and genetic appeal of serial monogamy.
In 1807 Napoleon Bonaparte created the Duchy of Warsaw from the Polish lands that had been ceded to France by Prussia. His Civil Code was enforced in the new Duchy too and, unlike the Catholic Church, it allowed the dissolution of marriage by divorce. This book sheds new light on the application of Napoleonic divorce regulations in the Polish lands between 1808-1852. Unlike what has been argued so far, this book demonstrates that divorces were happening frequently in 19th century Poland and even with the same rate as in France. In addition to the analysis of the Napoleonic divorce law, the reader is provided with a fully comprehensive description of parties as well as courts and officials involved in divorce proceedings, their course and the grounds for divorce.