Economic compensation for the spouse or civil partner: A look from the economic analysis of law

Abstract

The economic analysis of law is a methodology that applies economic
principles and concepts to legal issues. This perspective offers an
analysis of legal institutions on the assumption that those institutions are
of a teleological nature and are at the service of individuals. Therefore, the
design, interpretation, and application of those institutions should have as
their goal the advancement of the wellbeing of society as a whole. Economic compensation is a recent institution in Chilean Family Law. The national doctrine has expressed varying legal opinions about the legislation, and it remains the object of dogmatic analysis. As a result, we believe that approaching economic compensation from the perspective of the economic analysis of law could give interesting results. Thus, we try to respond to the typical questions of this approach, such as: Is it productive to assign resources or
responsibilities via the rules contained in civil marriage law? In other words,
will the rules of this legislation, which are in favor of the weaker spouse,
create greater individual and social satisfaction?