Obligations procédurales et droit au divorce

Abstract : There is no longer any doubt that divroce is an integral part of the family scene. But for that, divorce law has swayed between permissive law and coercive law. The law of July 11 1975 inspired a movement of liberalisation that would reign over diverce law. But it is with law of May 26 2004 that liberalisation would become more extensice. Even if this law is keeping with a form of continuity by maintaining the plurality of divorce cases, it opens the doors of divorce wider. The rules of substance and form are tightly bound in divorce proceedings. The law has therefore abolished numerous procedural barriers, which consequently simplifies the procedure and favours obtaining the divorce. The spouses must respect the procedural obligations to obtain the divorce. The procedural rules thus absorb the substantive rules. This opening equally ensues from the increasingly objective form of divorce law. The cause of divorce essentially finds its source in the acknowledgement of the failure of the marriage. The law has moreever established a divorce bankruptey, that could even be called a right to unilateral divorce, which to be effective only requires a cessation of conjugal life for two years. The law has also brought victory for the individual dimension over the institutional conception of the union. Arrangements constitute the cornerstone of divorce settlement. Agreements are found at all stages of the procedure and in all divorce cases. The conjugal law and order therefore experiences a certain reorientation corroborated by a loosning of fault in divorce and the instauration of a common law of the effects of divorce. The confluence of these different factors contributes to the ermergence of a subjective right to divorce.
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Droit. Université du Sud Toulon Var, 2008. Français. <NNT : 2008TOUL0053>

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Submitted on : Tuesday, January 5, 2010 - 11:33:09 AM
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Mélanie Lauer. Obligations procédurales et droit au divorce . Droit. Université du Sud Toulon Var, 2008. Français. <NNT : 2008TOUL0053>. <tel-00443953>




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