(DOWNLOAD) "Le Contrat de Mariage en Droit Quebecois : un Destin Marque Du Sceau Du Paradoxe." by McGill Law Journal # Book PDF Kindle ePub Free
eBook details
- Title: Le Contrat de Mariage en Droit Quebecois : un Destin Marque Du Sceau Du Paradoxe.
- Author : McGill Law Journal
- Release Date : January 22, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 325 KB
Description
In 1989, Quebec legislators restricted the contractual freedom of spouses by imposing on all couples an obligation to divide certain kinds of family property upon the dissolution of the matrimonial regime. In all likelihood, legislators wished to put an end to the economic injustices suffered by women who sought a divorce under the contractual regime of property separation in place in the 1940s, 1950s, and 1960s. By imposing the obligation on all couples, legislators did attain their objective, but to the detriment of those who could have reasonably and equitably benefited from the marriage contract. After highlighting the rigid legal principles that permitted marriage contracts contrary to basic marital justice, the author examines legislation from other Canadian provinces, which have always granted the courts the capacity to review the content of a marriage contract in the event of iniquity or abuse. In light of these provincial laws and the Supreme Court of Canada's interpretation of them in the Hartshorne decision, the author proposes that Quebec law give the courts the power to review or annul marriage contracts on grounds of lesion or hardship, as these standards of judicial control are capable of ensuring a better balance between freedom and equity.