Friends in High Places: Amity and Agreement in Alsatia

Publication Date

3-2005

Journal

International Journal of Law in Context

Abstract

The article examines the legal presumption against enforcing amicable agreements, tracing its roots to theological and ecclesiastical traditions. It argues that this presumption creates a fracture in legal discourse, particularly in cases involving intimate relationships. Through an analysis of historical and recent case law, including Balfour v. Balfour and Ghaidan, the article challenges the notion that domestic and amicable agreements should be excluded from legal jurisdiction. It advocates for a reevaluation of the intention to create legal relations in such contexts, proposing that recognizing the rights of cohabitants and friends in one area logically extends to other legal domains, including contract law.

Volume

1

Issue

1

First Page

41

Last Page

60

Publisher

Cambridge University Press

DOI

https://doi.org/10.1017/S1744552305001035

Disciplines

Human Rights Law | Law

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