Les justifications de la prestation compensatoire dans le discours juridique français

Abstract : In 1975, as part of a complete reform of divorce law, France eliminated traditional spousal support awards in favour of payment of a “compensatory allowance.” French law thus went counter to the solutions adopted by most European legal systems, which held with maintaining a support obligation between former spouses as the expression of a duty to assist that continues beyond the divorce. This analysis examines that innovation and the debate it generated among French parliamentarians and the legal community alike, identifying the justifications advanced by the actors in the French legal system for post-divorce financial compensation itself. We see that in spite of the innovation sought, there is no consensus on the question of the basis for financial compensation after divorce. In the most recent period, however, there has been more openness to remedying inequality associated with differences in the spouses’ investments in household activities.
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Journal articles
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https://halshs.archives-ouvertes.fr/halshs-01380708
Contributor : Véronique Lacroix <>
Submitted on : Thursday, October 13, 2016 - 1:32:33 PM
Last modification on : Wednesday, October 31, 2018 - 12:24:08 PM

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Safia Bouabdallah, Isabelle Sayn. Les justifications de la prestation compensatoire dans le discours juridique français. Canadian Journal of Law and Society / Revue Canadienne Droit et Société, Cambridge University Press (CUP), 2016, 31 (2), pp.161-181. ⟨ http://dx.doi.org/10.1017/cls.2016.14⟩. ⟨10.1017/cls.2016.14⟩. ⟨halshs-01380708⟩

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