Legal Pluralism and Efficiency in Marriage Law

The author applies economics in the analysis of the law to describe the logic underlying marriage and marriage law and then proposes a system of conflict rules that provides consistency and legal certainty in the determination of the applicable law. The economic theory is used to explain the couple's expectations of marriage and the rationale behind the legal regulation of this institution at substantive level. Based on this approach, the author addresses the economic foundations of the private international law and proposes concrete conflict of laws rules to key aspects of the marital relationship: maintenance obligations, divorce and property regime. The legal nature of marriage, the existence of mandatory and default rules, the plausibility of a law market for matrimonial regulations, the benefits of removing restrictions on the party autonomy, and the applicable law in absence of a choice of law agreement are i.a. explained from a law and economics perspective. The theoretical framework and conclusions do not depend on specific legal rules. This book is therefore targeted at scholars and lawmakers of any jurisdiction attempting to launch reforms as well as at anyone interested in a practical application of law and economics.

Rorick Tovar Galvan is specialist in private international law with an extensive expertise in comparative law. He obtained a law degree from the University of Balearic Islands (Spain) and completed a LL.M. degree with honors at the University of Bern before holding a PhD at this university. His doctoral thesis was awarded the distinction summa cum laude. He is admitted to practice law in Spain and Switzerland and works as Research Associate and Lecturer at the University of Bern. His research interests concern conflict of laws, economic analysis of law, contract law and marriage law.