Abstract

VIAL-DUMAS, MANUEL. Paying the Blame: Marriage, Divorce and Responsibility in the Western Legal Tradition. Rev. Derecho Privado [online]. 2019, n.37, pp.31-55. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n37.03.

This article is framed in the discussion on whether the General Regime of tort law is applicable to family law, especially to divorce cases. Taking a historical perspective, my purpose is to show that until the codification of Civil Law there was a special liability regime in case of divorce. This special regime was subsequently abolished, leaving a gap in this matter that gives rise to the current debate.

Keywords : Divorce; Tort law and family; Marriage and family property; History of marriage.

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