L'UNION HOMOSEXUELLE ET LE CODE CIVIL DU QUEBEC: DE L'IGNORANCE A LA RECONNAISSANCE?

Abstract

Contrary to social laws, the Civil Code of Québec, in principle, ignores concubinage, be it homosexual or heterosexual. This legislative silence carries with it numerous consequences in the administration of couples, the economic aspects of a couple and of its break up, the law of successions and the law of persons. In its first part, this article undertakes to present those various consequences . The author reviews those consequences which are common to heterosexual and homosexual couples, and then focuses on consequences specific to homosexual couples alone. In the second part, the author attempts to consider various possible solutions which would permit same gender couples to benefit from a legal regime similar to marriage. First, the contractual solution will be considered - the only one presently available to couples-and, second, with the benefit of comparative law, various legislative solutions will be examined.