Document Type

Article

Publication Date

2002

Publication Information

4 J.L. & Fam. Stud. 19 (2002)

Abstract

Chapter 6, Domestic Partnerships, like many other parts' of the ALI Principles of the Law of Family Dissolution, functions as a set of default rules. Under the ALI Principles for domestic partnerships, therefore, if the parties meet state presumptive requirements for domestic partnerships and have not otherwise contracted, the rules of Chapter 6 apply. Usually, law sets default provisions to 1) what most parties would want; or 2) to what will promote efficiency. I will discuss these two concepts in turn, illustrating how the ALI domestic partnerships provisions satisfy neither ex ante hypothetical bargaining nor efficiency criteria, and thus that Chapter 6, which purports to set default rules, breaks from this usual pattern. In fact, instead of doing what most parties would want or what is good for broader society, Chapter 6 both over- and undershoots its target.

Comments

Reprinted with permission of Journal of Law and Family Studies.

Included in

Family Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.