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Jurcys on Economic Analysis of Party Autonomy in Family Law


Paulius Jurcys (Kyushu University Graduate School of Law) has posted Party Autonomy in International Family Law: A Note from the Economic Perspective on SSRN.

This paper aims to contribute to the discussion concerning the scope of party autonomy in international family law. It is suggested to adopt a wider view and analyse the principle of party autonomy from the efficiency perspective. In particular, this short note questions the widely accepted assumption that agreements in family law are very similar, if not identical, to other forms of market transactions. In order to facilitate the debate, it is suggested to take into consideration that some forms of agreements perform signaling function and therefore should be treated differently from other forms of market transactions. It is argued that such a perspective could help identify the surplus value of the agreement. The paper concludes with some further thoughts about the implications of the signaling and surplus value to the discussion on party autonomy in international family law.

Comments on this entry are closed.

  • Healys October 9, 2013, 9:37 am

    Nice post Gilles, that link to papers was good, a good read for Family Law.

  • Donna Michaels October 10, 2013, 10:24 am

    This is quite informative. Reading more about family has never been that interesting for me until now. Seems like there are a lot of changes in this field.

  • Horatia Muir Watt October 11, 2013, 9:41 am

    See Toni Marzal Yetano’s piece on the Constitutionalization of Party Autonomy in European Family Law, Journal of PIL 2010.155, containing a critical reflection on the market approach.