Benefits of a Legal-Economic Approach to Comparative Family Law

This contribution analyzes possibilities for using economics within a legal interdisciplinary research project. It aims to demonstrate the added value, but also the caveats and limitations of such an approach. By referring to existing interdisciplinary research, it hopes to inspire researchers to start or reconsider the 1 PhD student at the University of Groningen (Netherlands), approach of their own interdisciplinary research project. The examples also function as illustrations that clarify the value of combining both disciplines. Economics can be used in comparative legal research in different ways. One option is to describe national legal systems in terms of economic concepts. This can result in a more in-depth perspective on the disadvantages (costs) and advantages (benefits) of each legal system. Another possibility is to explain the differences and similarities between different laws, by means of economic reasoning. A third option is to evaluate legal systems by economic norms. While ‘traditional’ comparative family law is regularly criticized for lacking an overarching framework for evaluative purposes, economic norms can aid in establishing a tertium comparationis for the evaluation of national laws

Combining Legal and Economic Theory:An Interdisciplinary Approach to Dutch and Polish Family Provisions in Succession Law

Although testamentary freedom is an important principle in succession law, legislators and judges across the world have recognized the importance of certain family members by granting them mandatory claims in the inheritance of their deceased relative (in spite of wishes of the deceased). This article focuses on these rights. The goal is to introduce the Dutch framework of imperative succession law and to demonstrate the possibilities of combining the legal and economic discipline to deepen knowledge on these provisions. Whilst examples will focus upon succession law, the concepts will be described in a general manner. This might inspire researchers to apply a similar interdisciplinary approach in other fields of law. The imperative provisions that currently exist for family members in the Netherlands can be divided into two types of claims. The first is the legitime, a fixed claim for children of the deceased. The second type are the other statutory entitlements that cover a specified range of situations in which judges have freedom in deciding upon the requests of family members. However, this discretion raises many questions on the way judges should handle such claims. A combination of law and economics can aid in describing and interpreting the law, for example by defining the need for support that is often required for a successful claim. By relying on economic data and theory, judges can come to a more consistent and substantiated way of establishing the need for support. The interdisciplinary methodology can also improve comparative legal research. The functional approach that is common in comparative legal research, assumes that law fulfills certain functions. Economic figures provide an objective basis that demonstrates what functions a law fulfills and to what extent this is done efficiently. This information can be used to compare the functioning of laws in different countries

Männyt oikeille viljelypaikoille myös muuttuvassa ilmastossa

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Clonal variation in basic density, moisture content and heating value of wood, bark and branches in hybrid aspen

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