| This thesis analyzes the history of Quebec's law with respect to matrimonial regimes. The main highlights of the evolution of Quebec law are: (a) the legislature's choice of a community regime as the default regime of the province in 1866; (b) the replacement of the community regime by the partnership of acquests regime in 1970; and (c) the enactment of the family patrimony provisions in July 1989. The last regime created a mandatory division of specific family assets at the dissolution of a marriage. By rendering the division mandatory, the Quebec legislature went a step further than the common-law provinces. In order to understand Quebec's choices properly, this thesis describes and analyzes first the Quebec matrimonial regimes since 1866. Secondly, it analyzes the legislature's choice of a sharing regime as the default regime. Thirdly, it questions the mandatory division of the family patrimony in light of the legislature's objective of favouring equality between spouses. Finally, it proposes alternative solutions that would have reached the "equality" objective in a more appropriate and acceptable way. |
