Civil Unions In Quebec
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Civil Unions In Quebec
Civil unions in Quebec are available in Quebec to both opposite-sex and same-sex couples, which attempts to create the same rights for the partners as a traditional marriage. As a result of a range of activism and to the ''M. v. H.'' decision, the National Assembly of Quebec voted unanimously in 2002 to amend the Civil Code of Quebec to create a status of civil union in Quebec, available to both opposite-sex and same-sex couples and largely having the same rights as marriage. The law was enacted on June 24, 2002.Civil Code of Quebec - Book 2: 'The Family', Title One.1, arts. 521.1 to 521.19 A civil union is contracted into by same-sex or opposite-sex partners 18 years of age and older, who are not otherwise married, not in another civil union, or who are not closely related, following prescribed formalities similar to the regime of marriage. The civil union carries Law of obligations, obligations and benefits equivalent to that of marriage including the alimony, obligation of su ...
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Civil Union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage except child adoption and/or the title itself. Civil unions under one name or another have been established by law in several, mostly developed, countries in order to provide legal recognition of relationships formed by unmarried same-sex couples and to afford them rights, benefits, tax breaks, and responsibilities similar or identical to those of legally married couples. In 1989, Denmark was the first country to legalise civil unions, for same-sex couples; however most other developed democracies did not begin establishing civil unions until the 1990s or early 2000s, often developing them from less formal domestic partnerships. While civil unions are often established for both opposite-sex couples and same-sex couples, in a number of c ...
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Pre-nuptial Agreement
A prenuptial agreement, antenuptial agreement, or premarital agreement (commonly referred to as a prenup), is a written contract entered into by a couple prior to marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends by death or divorce. Couples enter into a written prenuptial agreement to supersede many of the default marital laws that would otherwise apply in the event of divorce, such as the laws that govern the division of property, retirement benefits, savings, and the right to seek alimony (spousal support) with agreed-upon terms that provide certainty and clarify their marital rights. A premarital agreement may also contain waivers of a surviving spouse's right to claim an elective share of the estate of the deceased spouse. In some countries, including the United States, Belgium and the Netherlands, the prenuptial agreement not only provides for what happ ...
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Politics Of Quebec
The politics of Quebec are centred on a provincial government resembling that of the other Canadian provinces, namely a constitutional monarchy and parliamentary democracy. The capital of Quebec is Quebec City, where the Lieutenant Governor, Premier, the legislature, and cabinet reside. The unicameral legislature — the National Assembly of Quebec — has 125 members. Government is conducted based on the Westminster model. Political system The British-type parliamentarism based on the Westminster system was introduced in the Province of Lower Canada in 1791. The diagram at right represents the political system of Québec since the 1968 reform. Prior to this reform, the Parliament of Québec was bicameral. Lieutenant Governor * asks the leader of the majority party to form a government in which he will serve as Premier * enacts the laws adopted by the National Assembly * has the power to veto. Premier * appoints the members of the Cabinet and the heads of public corporati ...
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LGBT Rights In Canada
Canadian lesbian, gay, bisexual, and transgender (LGBT) rights are some of the most extensive in the world. Same-sex sexual activity was made lawful in Canada on June 27, 1969, when the ''Criminal Law Amendment Act, 1968–69'' (also known as ''Bill C-150'') was brought into force upon royal assent. In a landmark decision in 1995, ''Egan v Canada'', the Supreme Court of Canada held that sexual orientation is constitutionally protected under the equality clause of the ''Canadian Charter of Rights and Freedoms''. In 2005, Canada was the fourth country in the world, and the first in the Americas, to legalize same-sex marriage nationwide. Canada was referred to as the most gay-friendly country in the world, when it was ranked first in the '' Gay Travel Index'' chart in 2021, and among the five safest in ''Forbes'' magazine in 2019. It was also ranked first (indicating least dangerous) in Asher & Lyric's LGBTQ+ Danger Index in 2022. The country's largest cities feature their own ...
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Same-sex Marriage In Quebec
Same-sex marriage in Quebec has been legal since March 19, 2004 in accordance with a ruling from the Quebec Court of Appeal that the heterosexual definition of marriage violated the ''Canadian Charter of Rights and Freedoms''. Quebec became the third Canadian province after Ontario and British Columbia and the fifth jurisdiction in the world to open marriage to same-sex couples. Court ruling In 2000, Michael Hendricks and René Leboeuf applied for a marriage licence, but were turned down by a clerk who read out the sections of provincial law that defined marriage as being between "a man and a woman". After the rejection, they filed suit against the Government of Quebec, alleging that its refusal to perform and recognise same-sex marriage violated the ''Canadian Charter of Rights and Freedoms'' (''Charte canadienne des droits et libertés'')., * iu, ᑲᓇᑕᒥᐅᑦ ᐱᔪᖕᓇᕐᓂᖏᑦ ᐃᓱᒪᖅᓱᕈᖕᓇᕐᓂᖏᓪᓗ, , * moh, Aoianerénhsera ne Iakoianerenhserá ...
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Best Interests
Best interests or best interests of the child is a child rights principle, which derives from Article 3 of the UN Convention on the Rights of the Child, which says that “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”. Assessing the best interests of a child means to evaluate and balance “all the elements necessary to make a decision in a specific situation for a specific individual child or group of children”. Definition According to the UN Convention on the Rights of the Child, assessing the best interests of a child means to evaluate and balance “all the elements necessary to make a decision in a specific situation for a specific individual child or group of children”. Due to the diversity of factors to consider, usually more than one profession or institution is involved in the a ...
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Civil Law Notary
Civil-law notaries, or Latin notaries, are lawyers of noncontentious private civil law who draft, take, and record legal instruments for private parties, provide legal advice and give attendance in person, and are vested as public officers with the authentication power of the State. As opposed to most notaries public, their common-law counterparts, civil-law notaries are highly trained, licensed practitioners providing a full range of regulated legal services, and whereas they hold a public office, they nonetheless operate usually—but not always—in private practice and are paid on a fee-for-service basis. They often receive generally the same education as attorneys at civil law with further specialized education but without qualifications in advocacy, procedural law, or the law of evidence, somewhat comparable to solicitor training in certain common-law countries. Civil-law notaries are limited to areas of private law, that is, domestic law which regulates the relationsh ...
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Annulment
Annulment is a legal procedure within Law, secular and Religious law, religious legal systems for declaring a marriage Void (law), null and void. Unlike divorce, it is usually ex post facto law, retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place (though some jurisdictions provide that the marriage is only void from the date of the annulment; for example, this is the case in section 12 of the Matrimonial Causes Act 1973 in England and Wales). In legal terminology, an annulment makes a void marriage or a voidable marriage null.John L. Esposito (2002), Women in Muslim Family Law, Syracuse University Press, , pp. 33–34 Void vs voidable marriage A difference exists between a ''void marriage'' and a ''voidable marriage''. A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void (law), void ''ab initio''. Although the marriage i ...
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Matrimonial Regime
Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absence of a marital estate (land), estate and if created, what properties are included in that estate, how and by whom it is managed, and how it will be divided and inheritance, inherited at the end of the marriage. Matrimonial regimes are applied either by operation of law or by way of prenuptial agreement in Civil law (legal system), civil-law countries, and depend on the ''lex domicilii'' of the spouses at the time of or immediately following the wedding. (See e.g. Civil Code of Quebec, Quebec Civil Code and Civil Code of France, French Civil Code, arts. 431-492.). In most common law jurisdictions, the default and only matrimonial regime is separation of property, though some US states, known as community property states, are an exception. Also, in England, the birthplace of common law, pre-nuptial agreements were until recently completely unrecogniz ...
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Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ...
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Quebec
Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirteen provinces and territories of Canada. It is the largest province by area and the second-largest by population. Much of the population lives in urban areas along the St. Lawrence River, between the most populous city, Montreal, and the provincial capital, Quebec City. Quebec is the home of the Québécois nation. Located in Central Canada, the province shares land borders with Ontario to the west, Newfoundland and Labrador to the northeast, New Brunswick to the southeast, and a coastal border with Nunavut; in the south it borders Maine, New Hampshire, Vermont, and New York in the United States. Between 1534 and 1763, Quebec was called ''Canada'' and was the most developed colony in New France. Following the Seven Years' War, Quebec b ...
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Family Residence
Family (from la, familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its members and of society. Ideally, families offer predictability, structure, and safety as members mature and learn to participate in the community. Historically, most human societies use family as the primary locus of attachment, nurturance, and socialization. Anthropologists classify most family organizations as matrifocal (a mother and her children), patrifocal (a father and his children), conjugal (a wife, her husband, and children, also called the nuclear family), avuncular (a man, his sister, and her children), or extended (in addition to parents and children, may include grandparents, aunts, uncles, or cousins). The field of genealogy aims to trace family lineages through history. The family is also an important economic unit studied in family economics. The w ...
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