Legally binding contract was the mainstream process for family and social matters-illustrate & explain
INTRODUCTION
The concentration of this paper is about the legally binding contract in family and social matters. By the term legally binding contract we mean that it is an agreement process where two parties are involve and one party offers some conditions so that other party can accept it or negotiate it in a legal purpose. In case of marriage there is a term like “common sex marriage” or “modification of spouse” there are some social norms or cultures, parents are also mostly responsible how the society members are react on the basis of individual change. Sometimes, personal positions can be hampering or benefited by the rules those are imposed by the society or state regarding our marriage or divorce. Promise between two or more individuals inside the family or outside the family also refers the legally binding agreement. Generally, the mainstream contract theory is mostly influenced by the idea of contract of promise. According to Charles Fried, it is universally assumed that the central idea of introducing any contract is involved with the obligation of personal promises.
Good Faith in Contract
The term “Good Faith in Contract” is very crucial practice in case of contract law. It has tremendous importance on the party’s behavior[1]. Research shows that good faith in contract is always have been and involves with the reality of every aspects of legal contract. Involving parties are not trust on the contract unless their contract is received by the legal or appropriate behavior. Good faith in a contract is a very important ideology and opinion. This concept is originated from Roman times. In this part, I introduce the applications of good faith in two ways like theorist of contract and the relation between contract law and the society. The lawyers enjoy feelings than that of precedent. Therefore, it seems to me that it the high time to expand and reconstruct the recent and important theory of contract.
Legal Binding Contract in Family matters
There are so many areas or issues in our family life which are legally binding with each other like marriage, divorce family businesses etc. In case of family businesses there are some intentions that can control over the challenges and successes as well. There is a proverb, “Wealth can last for three generations”. Generally, in family there is no legally binding documents but a family members those who are legal partners of business their agreement is usually legally binding. Besides, family members can decide the legal policies and rules. By rational choice framework we can easily realize that how faith can reduce the inter-personal insecurity but it could be much effective in case of organizational norms and behavior. The ultimate findings of this understanding are the relational contract has different options like family law that is inheritance or the law of associations. There is some hierarchical contractual relationship especially in corporations. There are so many differences between the nature of the family and the law of civil society. With the change of time, the features and understanding of family life could be changed. In our family life it is very obvious that father always practices the authoritative power as they are the earning member. On the other hand, mother or wives are responsible for household work. Liberal theory assumed that there was a clear division between the private realm of the family, created by nature through human sexual mate and reproduction, and the public realm of politics, created by the principle through the social contract. Since in the same time liberalism assumed that state authority and law correctly synchronized public, but not personal matters and that the delegate of the domestic in the public realm-the citizen-was male.
In both respects the women’s rights reformers’ rejected the picture of the wife’s legal personality as subsume in the husband’s and despite of required to safe and sound of her individual rights to grasp property, enter into contracts, and articulate political preferences. The idea of romantic love and the modesty of personal preference of marriage partner ultimately exaggerated views of divorce; lawyers stated that if marriage was created by the permission of the parties to live in a confident way and if one of them dishonored that contract then their union could be dissolved once such “fault” was proved (Grossberg 1985; May 1980). The growing recognition of formal legal agreement from the mid-nineteenth century on reflected the idea that binding relationships between parent and child could be shaped by decision and permission as well as by natural science, although espousal did try to mirror the “natural family” through hard work to match race and religion as well as to shut down from outlook the adoptee’s family of origin. There are so many legal aspects of the family life those are underlying many of the disputes of family law and policy always expresses the high expectation level of the human being.
Legally Binding Contract in Social Matters
There are different kinds of social matters in our society which are truly inter-related with our family life in terms of legal binding such as economic problems, social relationships, crimes, broken families and religious faith. The misleading any one of them could be serious problems for our whole society as well as family. For example, Malaysia has declared that they will achieve a tremendous success in industrialization by 2020. For that reason, FELDA has already started a research on their social problems like drug abuse. Their aim is to develop the country by eradicating poverty, communication facilities and other social problems. If we talk about marriage, sometimes society or state can take the responsibility to regulate the marriage but Martha Fineman has stated that society or state should be stop and being neutral in case of this personal relationship. In discussion of social issues sometimes lawmakers, officials offers rules regarding societal interests. There are so many issues where state or society cab act directly or indirectly like legally binding contract. Because of legally binding contract, society cans peruse in many cases. On the other hand, when some couple sees that there is no option except divorce after marriage then normally it should be based on individual contractual agreement.
Elements of Legally Binding Contract
There are four elements of contract such as offer and acceptance, intentions to create legal relations, consideration and legal capacity etc. A contract is offered by one party and legally accepted by other party. An offer includes dealings, negotiations and promise also. The parties involve with contract definitely intend to legally binding agreement. In case of considerations, it must be valued by other parties like a party could be benefited or faced loss. Generally, all people are legally qualified for making any contract if there is no abnormal situation arises[2]. Consideration is a robust approach because it might be important in case of frustration contract under priced contract.
Legally Binding Contract in Islamic Laws
The idea of Islamic family laws are that normally deals with some common family and social matters such as marriage, divorce, maintenance, custody of children and succession. The modern implications of islamic family laws that based on Sharia principles. Every account of birth, growth, death has ultimate dissolution into the law of tort. In the seventeenth centaury, puritan legal scholar and practitioner John Selden, by means of law equity is the same as the spirit of religion. However, there is a dispute between social and private contract. As Selden wrote, “To know what obedience is due to the prince, you must look into the contract between him and his people; as if you would know what rent is due from the tenant to the landlord, you must look into the lease. When the contract is broken, and there is no third person to judge, then the decision is by arms” There are some legal bindings and formalities between polygamous marriage and Talaq. There are some regulations about under-age marriages and forced marriages.The memorization and transformation of the Sunna in a valid form is defined as hadith. The meaning of hadith ‘occurring, taking place’ represents the ‘report’ of Prophet Muhammad’s Sunna (Weeramantry, 1988). The Sunna of Muhammad therefore is preserved and communicated to the succeeding era through the means of hadiths.
Comparison between family and social law
From the survey of recent legal and political concept in respect to the family, there are three main orientations-contract-based, community-based, and rights-based-each of which attempts to offer a sufficient basement to restore the dependence on the natural and patriarchal draw near of the common law. According to the Contract-based theories the disintegrate of the supremacy of the conventional model of “family” by signifying that the law extravagance the family as a contractual association, allowing the partners to a marriage to set whatever terms to the relationship they choose as long as they provide for the support, education, and well-being of their children. According to Community-based theories the main notion of the newly articulated family or community based family is obtaining reputation from the state and whatever they practices among the people are well supported by the family life. According to the Rights-based theories challenge to obtain general ideology to conduct family law, starting from a dedication to equal freedom and prospect for every person in society. An important focus unfavorable reliance as conditions of contractual obligations create some serious issues of under enforcement and over enforcement. So, the issues of under enforcement are the concern of that parties like Walter Olson. In the mid-1960s, the materialization of a second signal of feminism, critiquing in exacting the middle-class nuclear family, underscored the profundity of challenge to the commencement of the male-headed unclear family as “natural.”The authority of male over female was no longer treated as natural and increasingly faced serious obstacles in both public and private settings. Egalitarian options also exaggerated well-liked and legal views of children. In place of earlier practices that treated children as comparable to property proscribed by parents, laws and judicial decisions constrained the power of parents over children in areas such as child labor, extensive a certain set of elementary liberties to children, and invited children’s views in issues such as guardianship subsequent to divorce. According to Community-based theory there is no person becomes independent except the first going through an expanded period of enslavement. “Selves” are founded through the extreme relationships of immaturity and childhood. Community-based theorists also repeat us that persons are twisted by membership in a specific ethnic, regional, and religious societies whose values may quit from the values of society’s majority. Where contract-based theories would support freedom for individuals to squeeze their own values under a state neutral about all values without individuals’ freedom to contract, community-based theories regard it as neither possible nor desirable “that the state should abstain from coercive public judgments about what constitutes the good life for individuals”. Many feminists agree with the analysis of self-directed distinctiveness that neglects how human identities are founded; they adjoin that this picture is profoundly gendered in both considering a male.
Conclusion
Expanding of our understanding on different issues of social and family life under legally binding contract was the mainstream of this paper. There are different types of relationships between social and family life that can organize or destroy our normal life if we do not follow the proper legal contract. Acknowledging the interdependence of family members and the larger polity itself is vital, although this is just beginning, not an end, of the analysis. For then the society whether through law or other mean suits till deal with what criteria’s hold e used o determined imputes over hats hold count within the very definition family’s and what of intimate relations should receive the extraordinary resources of public approval and gratitude. Finally, however, the greater part made the telling theoretical mistake of allowing for the plaintiff’s promissory estoppels dispute as fully unrelated to the issue of intention to correct[3] .The declaration of such issues, we argue, requires not only reasoned consideration but also politics and a political perform revised along the main beliefs of justice designed to produce contribution by the occupied diversity of human being in the society.
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[1] Belobaba & Reiter, supra note 2
[2] http://www.lawhandbook.org.au/handbook/ch12s01s02.php Chris Field, Western Australian Ombudsman
[3] For an analysis of promissory estoppels from the perspective of contractual consent, see Barnett, supra note 6; Barnett & Backer, supra note 9.