REFLEXIONS CRITIQUES SUR L'AVENEMENT DE L'UNION CIVILE BOITEUSE EN DROIT INTERNATIONAL PRIVE QUEBECOIS

  • GERALD GOLDSTEINETJEFFREY TALPIS
Keywords: Family Law

Abstract

The new Québec conflict rules relating to the civil union, triggered by a gust ofliberalism have not sufficiently taken root. The Québec courts now have a newcategory distinctfrom marriage, which, when certain criteria are present, should permit the recognition offoreign institutions such as the partnership. Nevertheless since the choice ofconnectingfactors does not represent a real and substantial connection with the situation, their decisions will likely create "limping" unions, without effect in the social setting ofthepersons concerned, since the substantial validity ofthe civil union is governed by the law of the place of solemnization. As a result, practitioners called upon to intervene in a matter relating the civil union, should inform their clients about the uncertain effects which the institution may have in foreign jurisdictions where couples who were united civilly in Québee have their habitual residence.

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Published
2003-05-01
Section
Legal Commentary