Intentions : «[T]he object of the present paper is to take a critical look at the current state of Quebec private international law relating to matrimonial regimes […].» (p. 185)
Échantillon/Matériau : L’auteur utilise des codes de loi et de la jurisprudence.
Type de traitement des données : Réflexion critique
«Quebec courts have responded to the international outlook in Book Ten of the Code in commercial matters through the rejection of the homeward trend, that is, through a more liberal recognition of foreign judgments. It is time now to apply the same approach to matrimonial property in an international context. Aside from the rules under Islamic law, there is always some mechanism in the law of each country which is available to provide for a fair sharing of assets and if not, escape devices can be used in exceptional circumstances. In the increasingly globalized world in which we live and have our families, courts should follow the legislative directive to the effect that the application of Quebec law is neither always necessary nor appropriate.» (p. 230)