Feb 13 • 16:22 UTC 🇮🇸 Iceland Visir

"I have never seen such contracts"

A professor discusses the legal implications of unusual clauses in cohabitation agreements following a court case in Iceland.

The article discusses an unusual legal case involving a cohabitation agreement between a man and a woman where the man agreed to try to fertilize the woman's eggs regularly for a year after their separation. This provision led to a court dispute after the woman claimed the entire agreement was void due to the crossing out of this particular clause without her knowledge. Experts in family and inheritance law, including Professor Hrefna Friðriksdóttir, weigh in on the validity of such contracts and the general limitations of what can be contractually agreed upon in matters of intimacy and familial rights.

Professor Friðriksdóttir highlights that certain aspects of relationships, particularly those involving intimate matters like regular sexual relations, may not hold up in court and cannot be enforced via legal contracts. The case raises questions about the nature of agreements made between partners and the moral and ethical implications of enforcing intimate obligations. Ultimately, the court's decision to dismiss the woman's claims regarding the invalidity of the contract, instead upholding provisions relating to financial settlement, points to the complexity of family law in Iceland.

This case serves as a critical reminder of the challenges posed by formalizing personal relationships through legal frameworks, especially concerning intimate promises that may be seen as too personal for contract enforcement. The dialogue established by this incident can influence future discussions around family law legislation and societal norms regarding what relationships entail and what obligations can be legally enforced between partners.

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