Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Law and Economics

PDF

Enrique Barros Bourie

2002

Articles 1 - 1 of 1

Full-Text Articles in Law

La Ley Civil Ante Las Rupturas Matrimoniales, Enrique Barros Bourie Jan 2002

La Ley Civil Ante Las Rupturas Matrimoniales, Enrique Barros Bourie

Enrique Barros Bourie

In this article, Enrique Barros argues that civil law has a limited but essential task to play in the event of marital breakdown. He takes issue with the argument that the benefits of marriage for human happiness and perfection necessarily mean that civil law should not admit divorce. On the contrary, Barros claims there are better arguments in favor of legislation on this issue. He states that in a pluralistic society that recognizes personal autonomy and intimacy, civil law should not play a very powerful role in forming customs. And even though it might be thought advisable, legal means are …