Feminist relational contract theory: a new model for family property agreements

Thompson, Sharon ORCID: https://orcid.org/0000-0002-2569-856X 2018. Feminist relational contract theory: a new model for family property agreements. Journal of Law and Society 45 (4) , pp. 617-645. 10.1111/jols.12132

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Abstract

In this article, a new model named Feminist Relational Contract Theory (FRCT) is explained, justified and applied to the context of family property agreements and specifically nuptial agreements. Most nuptial agreements are created amidst a complex web of power relationships and the dynamic of these relationships often evolves over time. However, the courts in England and Wales have not yet found a way to recognise this without adopting a paternalistic approach. This article proposes an alternative that could, in practice, recognise issues of power between parties entering family property agreements, exploring a recent Australian case on nuptial agreements which adopts a more contextual understanding of contract law.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Cardiff Law & Politics Law
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Publisher:	Wiley
ISSN:	0263-323X
Date of First Compliant Deposit:	27 September 2018
Date of Acceptance:	10 September 2018
Last Modified:	03 Dec 2024 03:45
URI:	https://orca.cardiff.ac.uk/id/eprint/115288

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