Feminist Relational Contract Theory: A New Model for Family Property Agreements. (8th November 2018)

• Record Type: Journal Article
• Authors: Thompson, Sharon
• Is Part Of: Journal of law and society. Volume 45:Number 4(2018)
• Page Start: 617
• Page End: 645
• Publication Date: 2018-11-08
• Subjects: Sociological jurisprudence -- Periodicals; 340
• DOI: 10.1111/jols.12132
• Languages: English
• ISSNs: 0263-323X

Abstract

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 recognize this without adopting a paternalistic approach. This article proposes an alternative that could, in practice, recognize 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.