RECOGNITION OF STATUS IN FAMILY LAW

Abstract

In this article the author examines French law and the common law in relation to the recognition of status in family law and in doing so, examines the similarities and differences between the law systems. In particular, the author discusses subject matters such as the validity of marriage, divorce, the nullity of marriage, as well as laws used in determining whether or not a person is legitimate. The author then explores the construction of a modern theory of recognition of status and concludes that such construction would best be based on a coming together of French and common-law thinking. Such co-operation, the author suggests, would be most desirable if based on new and better fundamental principles such as simplicity, efficiency, fairness, justice, as well as the operation of public policy.