LA CONDITION DES CONJOINTS DE FAIT EN DROIT INTERNATIONAL PRIVE QUEBECOIS

Authors

  • GERALD GOLDSTEIN

Keywords:

International Law

Abstract

Akin to the civil law policy not to interfere with relations between defacto spouses in domestic law, Quebec private international law provides for no particular provision for this subject. As a result, the international condition of those persons is broken down into a variety of rules governing different legal aspects of their situation. Against the background of changing habits and social mores, this abscence of a coherent status seems anachronistic. However, it does respect the will of those concerned. Further, their condition will not be so bad, if as the author posits, we agree to submit, for each legal aspect for which a claim is made, the prior issue of their status to the relevant rule of domestic law. Subject to public order, in the public international law sense, those persons will, in Quebec, benefit from the measures provided for them by the legal system having the closest connexion with each legal aspect.

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Published

1999-09-01

Issue

Section

Legal Commentary