Les Intraduisibles - Prenuptial agreements, comparative law and the notion of contract
Dr Anne Sanders is an assistant lecturer at the University of Cologne and has been a law clerk at the (German Federal Constitutional Court, Karlsruhe, Germany) since 2009. She previously worked for the European Commission (2007) and the Law Commission for England and Wales (2008).
Her PhD thesis ("Contracts for Developing Relationships - validity and enforceability of prenuptial agreements, articles of association, and partnership agreements") was published in 2008. She holds an MJur degree from the University of Oxford (2005-2006) and read law at the Humboldt University of Berlin (1997-2002).
Her research interests are primarily in family law (especially with respect to its links to the law of contract, property and constitutional law), comparative law, charities, and unjust enrichment.
ABSTRACT
The recent UK Supreme Court decision of Radmacher v Granatino [2010] UKSC 42 has brought prenuptial agreements into the focus of not only English family law, but comparative law too.
Although the majority of the justices considered irrelevant the question whether prenuptial agreements should be understood as contracts, the argument made here is that the different notions of contract in English and German law may help to explain why such agreements have not been enforced for so long in England and what comparative contract law can learn from the notion of prenuptial agreements in the different legal systems.
This event has been accredited by the Barreau du Qu茅bec for 1.5 hours of continuing legal education. Activity no. 10042687.
This workshop is part of the 2010/2012聽 "Les intraduisibles en droit" series.