You and me against the world: Marriage and divorce from creditors’ perspective

Research output: Chapter in Book/Report/Conference proceedingChapter

2 Citations (Scopus)

Abstract

Legal regulation of families has two aspects. The first defines the rights and obligations of family participants inter se. It addresses who may marry or otherwise form a legally recognized family and resolves issues that arise when that family breaks up. The second aspect addresses the effect of legal family status on the participants' relationships with outsiders such as credit card issuers, tort claimants, taxing authorities, and medical care providers. The Principles focus exclusively on the inter se relationships of family members with each other, particularly with respect to responsibility for and financial support of dependent family members. The Principles do not address individual family members' relationships with their creditors, either during marriage or following divorce. This omission is understandable. As an academic subject, family law addresses family relationships. The interaction of family members with outsiders is addressed in other areas of law, for example contract, tort, and tax law. Although it makes sense that the Principles do not consider the external effect of family relationships, it is a mistake to infer that changes in family law will have no ramifications outside the family on credit relationships. The predominant focus of this volume is on how the Principles would affect family members' relationships with each other. This chapter takes a different approach and considers how legal regulation of marriage appears from the outside looking in.

Original languageEnglish (US)
Title of host publicationReconceiving the Family
Subtitle of host publicationCritique on the American Law Institute's Principles of the Law of Family Dissolution
PublisherCambridge University Press
Pages195-207
Number of pages13
ISBN (Electronic)9780511617706
ISBN (Print)0521861195, 9780521861199
DOIs
StatePublished - Jan 1 2006

Fingerprint

creditor
divorce
marriage
family member
family law
credit
external effects
tax law
regulation
medical care
obligation
responsibility
Law
interaction

All Science Journal Classification (ASJC) codes

  • Social Sciences(all)

Cite this

Reilly, M. T. (2006). You and me against the world: Marriage and divorce from creditors’ perspective. In Reconceiving the Family: Critique on the American Law Institute's Principles of the Law of Family Dissolution (pp. 195-207). Cambridge University Press. https://doi.org/10.1017/CBO9780511617706.012
Reilly, Marie Therese. / You and me against the world : Marriage and divorce from creditors’ perspective. Reconceiving the Family: Critique on the American Law Institute's Principles of the Law of Family Dissolution. Cambridge University Press, 2006. pp. 195-207
@inbook{c28f745a22144ea883c5ded098ba32c1,
title = "You and me against the world: Marriage and divorce from creditors’ perspective",
abstract = "Legal regulation of families has two aspects. The first defines the rights and obligations of family participants inter se. It addresses who may marry or otherwise form a legally recognized family and resolves issues that arise when that family breaks up. The second aspect addresses the effect of legal family status on the participants' relationships with outsiders such as credit card issuers, tort claimants, taxing authorities, and medical care providers. The Principles focus exclusively on the inter se relationships of family members with each other, particularly with respect to responsibility for and financial support of dependent family members. The Principles do not address individual family members' relationships with their creditors, either during marriage or following divorce. This omission is understandable. As an academic subject, family law addresses family relationships. The interaction of family members with outsiders is addressed in other areas of law, for example contract, tort, and tax law. Although it makes sense that the Principles do not consider the external effect of family relationships, it is a mistake to infer that changes in family law will have no ramifications outside the family on credit relationships. The predominant focus of this volume is on how the Principles would affect family members' relationships with each other. This chapter takes a different approach and considers how legal regulation of marriage appears from the outside looking in.",
author = "Reilly, {Marie Therese}",
year = "2006",
month = "1",
day = "1",
doi = "10.1017/CBO9780511617706.012",
language = "English (US)",
isbn = "0521861195",
pages = "195--207",
booktitle = "Reconceiving the Family",
publisher = "Cambridge University Press",
address = "United Kingdom",

}

Reilly, MT 2006, You and me against the world: Marriage and divorce from creditors’ perspective. in Reconceiving the Family: Critique on the American Law Institute's Principles of the Law of Family Dissolution. Cambridge University Press, pp. 195-207. https://doi.org/10.1017/CBO9780511617706.012

You and me against the world : Marriage and divorce from creditors’ perspective. / Reilly, Marie Therese.

Reconceiving the Family: Critique on the American Law Institute's Principles of the Law of Family Dissolution. Cambridge University Press, 2006. p. 195-207.

Research output: Chapter in Book/Report/Conference proceedingChapter

TY - CHAP

T1 - You and me against the world

T2 - Marriage and divorce from creditors’ perspective

AU - Reilly, Marie Therese

PY - 2006/1/1

Y1 - 2006/1/1

N2 - Legal regulation of families has two aspects. The first defines the rights and obligations of family participants inter se. It addresses who may marry or otherwise form a legally recognized family and resolves issues that arise when that family breaks up. The second aspect addresses the effect of legal family status on the participants' relationships with outsiders such as credit card issuers, tort claimants, taxing authorities, and medical care providers. The Principles focus exclusively on the inter se relationships of family members with each other, particularly with respect to responsibility for and financial support of dependent family members. The Principles do not address individual family members' relationships with their creditors, either during marriage or following divorce. This omission is understandable. As an academic subject, family law addresses family relationships. The interaction of family members with outsiders is addressed in other areas of law, for example contract, tort, and tax law. Although it makes sense that the Principles do not consider the external effect of family relationships, it is a mistake to infer that changes in family law will have no ramifications outside the family on credit relationships. The predominant focus of this volume is on how the Principles would affect family members' relationships with each other. This chapter takes a different approach and considers how legal regulation of marriage appears from the outside looking in.

AB - Legal regulation of families has two aspects. The first defines the rights and obligations of family participants inter se. It addresses who may marry or otherwise form a legally recognized family and resolves issues that arise when that family breaks up. The second aspect addresses the effect of legal family status on the participants' relationships with outsiders such as credit card issuers, tort claimants, taxing authorities, and medical care providers. The Principles focus exclusively on the inter se relationships of family members with each other, particularly with respect to responsibility for and financial support of dependent family members. The Principles do not address individual family members' relationships with their creditors, either during marriage or following divorce. This omission is understandable. As an academic subject, family law addresses family relationships. The interaction of family members with outsiders is addressed in other areas of law, for example contract, tort, and tax law. Although it makes sense that the Principles do not consider the external effect of family relationships, it is a mistake to infer that changes in family law will have no ramifications outside the family on credit relationships. The predominant focus of this volume is on how the Principles would affect family members' relationships with each other. This chapter takes a different approach and considers how legal regulation of marriage appears from the outside looking in.

UR - http://www.scopus.com/inward/record.url?scp=84927090719&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=84927090719&partnerID=8YFLogxK

U2 - 10.1017/CBO9780511617706.012

DO - 10.1017/CBO9780511617706.012

M3 - Chapter

AN - SCOPUS:84927090719

SN - 0521861195

SN - 9780521861199

SP - 195

EP - 207

BT - Reconceiving the Family

PB - Cambridge University Press

ER -

Reilly MT. You and me against the world: Marriage and divorce from creditors’ perspective. In Reconceiving the Family: Critique on the American Law Institute's Principles of the Law of Family Dissolution. Cambridge University Press. 2006. p. 195-207 https://doi.org/10.1017/CBO9780511617706.012