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Property Rights and Transaction Costs in Marriage: Evidence from Prenuptial Contracts

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Author Info
Hamilton, Gillian
Abstract

I examine prenuptial contracting behavior in early-nineteenth-centuiy Quebec to explore property rights within families and the efficacy of marital property laws. Drawing on a transaction cost framework, I examine the decision to sign a contract and couples' property rights choices. I find, for example, that couples signing contracts tended to choose joint ownership of property when wives were particularly important to the household. These findings illustrate the potential effects of legal institutions on individuals' behavior (such as the importance of family labor, human capital acquisition, and even mating decisions) and the value of a flexible legal environment.

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File URL: http://journals.cambridge.org/abstract_S0022050700022294
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Publisher Info
Article provided by Cambridge University Press in its journal The Journal of Economic History.

Volume (Year): 59 (1999)
Issue (Month): 01 (March)
Pages: 68-103
Download reference. The following formats are available: HTML (with abstract), plain text (with abstract), BibTeX, RIS (EndNote, RefMan, ProCite), ReDIF
Handle: RePEc:cup:jechis:v:59:y:1999:i:01:p:68-103_02

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  1. Gillian Hamilton & Aloysius Siow, 2007. "Class, Gender and Marriage," Review of Economic Dynamics, Elsevier for the Society for Economic Dynamics, vol. 10(4), pages 549-575, October. [Downloadable!] (restricted)
  2. Rick Geddes & Dean Lueck, 2002. "The Gains From Self-Ownership and the Expansion of Women's Rights," American Economic Review, American Economic Association, vol. 92(4), pages 1079-1092, September. [Downloadable!]
  3. Gillian Hamilton & Aloysius Siow, 1999. "Marriage and Fertility in a Catholic Society: Eighteenth-Century Quebec," Working Papers siow-99-01, University of Toronto, Department of Economics. [Downloadable!]
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