An Analysis Of Property Rights And Interests In Divorce Cases By Law And Economics

The methodology of Law and Economics is used in this paper to analysis the financial efficacy of divorce, aiming at balancing liberty of divorce and realizing the ideal of succoring the weak, with true cases demonstrated. The discussion will be developed in two aspects, one is the necessity and possibility of treating human capital as marital property and attempting to put forward a method of human capital evaluation; the other is a suggestion to expand the usage of divorce economic compensation and to specify the method of compensation. Writer of this paper believe that with all these improvements, the cost of divorce will be more evenly burdened by the parties, and liberty of divorce shall be constrained when it contradicts with the idea of equity and justice.