scholarly journals Feminist Relational Contract Theory: A New Model for Family Property Agreements

2018 ◽  
Vol 45 (4) ◽  
pp. 617-645 ◽  
Author(s):  
Sharon Thompson
Keyword(s):  
Contract Theory ◽  
New Model ◽  
Relational Contract

scholarly journals 關係契約視野下的婚姻家庭

2018 ◽  
Vol 16 (2) ◽  
pp. 41-44
Author(s):  
Dan HAN
Keyword(s):  
Family Life ◽  
Contract Theory ◽  
Marriage And Family ◽  
Relational Contract ◽  
Digital Commons

LANGUAGE NOTE | Document text in Chinese; abstract in English only.According to relational contract theory, the parties in a marriage and family should not only respect the independence and autonomy of the parties, but also shape the unity of the parties. This constitutes a paradox of modern marriage and family. Contractual intimacy can be expressed in many forms, and can even be expressed freely without form. However, the phenomena of marriage and family life are by no means merely contracts of relations; they are just as much about ideas as about facts.DOWNLOAD HISTORY | This article has been downloaded 69 times in Digital Commons before migrating into this platform.

Relational Contracts

2018 ◽  
Author(s):  
Melvin A. Eisenberg
Keyword(s):  
Contract Theory ◽  
Contract Law ◽  
Dynamic Processes ◽  
Relational Contracts ◽  
Legal Rules ◽  
Relational Contract ◽  
Contractual Relationship ◽  
Dynamic Relationship ◽  
Contract Formation ◽  
The Stranger

Chapter 54 concerns relational contracts. Classical contract law was implicitly based on a paradigm consisting of a bargain made between strangers transacting on a perfect market, and focused on the static instant of contract formation, rather than dynamic processes such as the evolution of a contractual relationship. Relational-contract theory rejects the stranger-in-a-perfect-market paradigm and the static conception of contract law. Instead, it is based on a paradigm of a contractual transaction between actors who are in an ongoing and dynamic relationship. The identification of relational contracts as an economic and sociological entity is desirable. However, a theory of relational contracts requires the formulation of a body of legal rules applicable to, and only to, relational contracts. This is a place to which relational-contract theory has not gone and cannot go.

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