The reforms on the law of matrimonial settlements : a comparative study

Abstract

The scope of this thesis is to trace the reforms which have swept European countries in the last two decades regarding the law on matrimonial settlements. Jean Mazeaud commenting on marriage contracts wrote that : "Le terme "contrat. de mariage" est pris parfois comme synonyme de "regime matrimonial" on peut, en effet, admettre que non seulement les regimes Conventionnels, mais le regime legal lui-meme resultent d'un accord de velontes au moins tacit; toutefois, dans un langage juridique precis, l'expression "contract de mariage" deisgne la convention que concluent les futurs epous pour fixer leur regime matrimonial, non ce regime, lui- meme". However in order to try and fulfill the task which we have set ourselves to perform, both the legal and contractual regimes have had to be analysed. In this comparative study, the author has dealt separately with the different systems chosen for discussion that is France, Italy, Germany and Malta in that order. Each chapter dealing with a particular system will attempt to contain an insight into the legal matrimonial regime before and since the reforms, which will in turn, be followed by an analysis of the contractual regime and the marriage contract proper. Such a pattern will be followed constantly throughout the course of this thesis and in the concluding chapter it is proposed to tie up the various advantages and disadvantages of the Maltese position as seen against the backdrop of the different European systems discussed, whilst proposing possible reforms which might find application in our legal order.