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

Thompson, Sharon ORCID: 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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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
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: 06 Nov 2023 20:34

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