Spousal Agreements and Patriarchal Bargains: A Wife's Guarantee of Her Husband's Business Debts

In: European review of contract law: ERCL, Band 18, Heft 2, S. 175-199

Abstract

Abstract
This Article uses the term patriarchal bargain in order to analyze spousal agreements. In her canonical article Deniz Kandiyoti has coined the term patriarchal bargain in order to describe how women negotiate with patriarchy and strategize under the constraints of male domination. Her seminal work has been highly influential in sociology and gender studies. However, legal scholarship has paid little attention to her work. This Article seeks to bridge this gap and explores how women bargain in the shadow of patriarchy. Using a European courts' decision as an example, this article adds the patriarchal context of spousal agreements. This social context enriches our understanding of spousal agreements and deepens our understanding of contracting under conditions of social inequalities.