Theoretical Perspectives on Marriage and Legal Implications for Marital Property Regimes

Albana Metaj-Stojanova ()
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Albana Metaj-Stojanova: South East European University, Faculty of Law

Chapter Chapter 40 in Economic Resilience and Sustainability - Vol. 2, 2026, pp 653-669 from Springer

Abstract: Abstract This paper explores theoretical perspectives on marriage and their legal implications for marital property regimes. As both a social and legal institution, marriage shapes personal and financial relationships between spouses. The study employs a qualitative approach, critically analyzing legal texts, historical sources, and academic literature. It traces the evolution of legal doctrines in light of sociological and legal theories, highlighting how these have influenced property relations. The paper also considers the broader legal challenges in aligning marital property regimes with evolving social understandings of marriage. The paper aims to bridge theory and legal practice, offering recommendations for more equitable and flexible marital property regimes that reflect the diversity of modern marital relationships.

Keywords: Marriage; Marital property regimes; Gender equality; Property rights; Historical perspectives (search for similar items in EconPapers)
Date: 2026
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Persistent link: https://EconPapers.repec.org/RePEc:spr:prbchp:978-3-032-04214-9_40

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DOI: 10.1007/978-3-032-04214-9_40

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