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Contracts In Close Personal Relationships

When observed from beneath the veil of classical theory, the contract is but partially revealed. Not all its dimensions are visible when it cannot be observed directly. Threatening shadows appear to lurk within it. It stands like a monolith in the middle of a cold, inanimate room.

Lift the veil and the contract is fully revealed from every angle, each subtlety uncovered in the light of day. Unexpectedly, a closer inspection shows that the contract is surrounded by a buzz of activity.

This illustration aptly summarizes the thoughts expressed in this document. When considering the ways in which the law organizes exchanges between people in close relationships, contracts do not immediately come to mind. Images and symbols traditionally associated with the contract hardly seem compatible with the closeness that generally characterizes this type of relationship.

However, no serious evaluation can be based on perceptions and preconceived ideas alone. Once we move beyond the dominant paradigms and classical notions, we can appreciate the contract from a new angle through other theories, such as relational theory and legal pluralism. If we observe the contract through a different lens, we see something other than a "pact between enemies" or a "compromise between bitterly defended opposing interests."[105] Instead, the contract becomes an organizational and planning tool for long-term relationships, symbolizing the handshake that brings partners closer together and consolidates their relationship.

Lawmakers, like any other observers, can only stand to benefit when they diversify their selection of lenses. They can then take advantage of the great potential of the contractual model and ensure that the environment in which it is deployed is respectful of the values upon which Canadian society is based: justice, liberty and diversity.