TAILIEUCHUNG - RECONCEIVING THE FAMILY Phần 8

Như vậy, tương tự tốt nhất có lẽ là không thỏa thuận việc làm bao gồm các giao ước posttermination hạn chế. Với thỏa thuận trước hôn nhân, từ bỏ quyền không phải là tiếp tuyến với thoả thuận hoặc ẩn ở cuối, vì nó có thể được với một hợp đồng thuê bao gồm một giao ước posttermination hạn chế. Với một thỏa thuận việc làm. | 380 Brian H. Bix given divorce-related financial agreements frequently with the instruction that the marriage will not go ahead unless certain divorce-focused financial rights are waived. Thus the best analogy is probably not employment agreements that include posttermination restrictive covenants. With premarital agreements the waiver of rights is not tangential to the agreement or hidden at the end as it may be with an employment agreement that includes a posttermination restrictive covenant. With an employment agreement the focus of both parties is understandably on the wages and other present terms of the job not the possibility of eventual termination and its consequences. With a premarital agreement the possibility of termination and its consequences are the sole purpose of the agreement. Thus a better analogy might be living wills and similar advance medical directives while healthy people might not be able to think cogently about choices in extreme states of illness at least the individual s thinking is clearly directed to the issue. Thus the extent to which cognitive defects are likely to infect the parties evaluation of premarital agreements is not as great as some In considering the proper approach to enforcement of premarital agreements the potential costs and benefits of enforcement must also be On the benefit side are many of the advantages associated with the enforcement of agreements generally. First individuals have increased autonomy when they can enter binding agreements. Second social welfare increases when parties who usually have the greatest understanding of what is in their best interests are able to make binding arrangements and exchanges among themselves. On the cost side are three concerns. First people are not always able to protect their own interests and as discussed premarital agreements may be one area where such bounded rationality or cognitive defects may be most Second there are frequently third

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