We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Public Values, Private Contracts and the Colliding Worlds of Family and Market: German Federal Constitutional Court, `Marital Agreement' Decisions of 6 February 2001 and 29 March 2001.
- Authors
Zumbansen, Peer
- Abstract
In two decisions delivered in February and March 2001, the German Federal Constitutional Court voided the marital agreements struck between a man and a pregnant woman on the grounds that they were the product of an inequality of bargaining power between the parties. These findings, involving an application of the fundamental rights provisions of the German Basic Law to private agreements, demonstrate the creeping competence of the F.C.C. into the sphere of contractual relations and an ongoing questioning of the traditional public/private law divide. Exploring some of the implications of applying public values and constitutional review standards to private agreements, this note contextualises the decisions within the debate upon competing (and ultimately colliding) social systems of the family and the market.
- Subjects
LEGAL judgments; CONTRACTS; CONSTITUTIONAL courts; PREGNANT women; ACTIONS &; defenses (Law); TRIAL practice
- Publication
Feminist Legal Studies, 2003, Vol 11, Issue 1, p71
- ISSN
0966-3622
- Publication type
Article
- DOI
10.1023/A:1023249005092