<abstract xmlns="http://www.w3.org/1999/xhtml"><p>A civil partnership is a legally recognized relationship between two people of the same sex or the opposite sex that offers many of the same benefits as a conventional marriage. Before addressing the specificities of the French civil partnership contract, designated as a civil covenant of solidarity (<italic>pacte civil de solidarité</italic>), commonly known as PACS, it is necessary to define and explain the origin of this type of contract. The conclusion of a PACS, despite the fact that it is less formal than marriage, implies the respect of certain conditions of substance and form during its formation and its modification. Recently, PACS has undergone changes on this point, through a simplification of the rules of form with the establishment of its statement and registration by the registrar, removing the court clerk’s intervention. Once the PACS is concluded, with the main purpose of organizing the couple’s common life, this contract produces personal, pecuniary and patrimonial effects between the partners. As the PACS is legally only a contract, it can be dissolved by the appearance of four events. When PACS is dissolved, consequences result for the situation of the partners because they must proceed to the liquidation of the property they own and also repay the debts incurred during the period of their living together. If the dissolution of PACS is caused by the death of one of the partners, then particular consequences will affect the situation of the surviving partner. In fact, couples who entered into a PACS are not considered heirs in the eyes of the law. However, there are alternatives preventing the application of this principle, but they must be realized during the lifetime of the partners.</p></abstract>

A civil partnership is a legally recognized relationship between two people of the same sex or the opposite sex that offers many of the same benefits as a conventional marriage. Before addressing the specificities of the French civil partnership contract, designated as a civil covenant of solidarity (pacte civil de solidarité), commonly known as PACS, it is necessary to define and explain the origin of this type of contract. The conclusion of a PACS, despite the fact that it is less formal than marriage, implies the respect of certain conditions of substance and form during its formation and its modification. Recently, PACS has undergone changes on this point, through a simplification of the rules of form with the establishment of its statement and registration by the registrar, removing the court clerk’s intervention. Once the PACS is concluded, with the main purpose of organizing the couple’s common life, this contract produces personal, pecuniary and patrimonial effects between the partners. As the PACS is legally only a contract, it can be dissolved by the appearance of four events. When PACS is dissolved, consequences result for the situation of the partners because they must proceed to the liquidation of the property they own and also repay the debts incurred during the period of their living together. If the dissolution of PACS is caused by the death of one of the partners, then particular consequences will affect the situation of the surviving partner. In fact, couples who entered into a PACS are not considered heirs in the eyes of the law. However, there are alternatives preventing the application of this principle, but they must be realized during the lifetime of the partners.

French Civil Partnership Contract (PACS)

SEEU Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

{"article-title":"French Civil Partnership Contract (PACS)"}

A civil partnership is a legally recognized relationship between two people of the same sex or the opposite sex that offers many of the same benefits as a...

French Civil Partnership Contract (PACS)

Online veröffentlicht: 08. Aug. 2019

Seitenbereich: 134 - 159

DOI: https://doi.org/10.2478/seeur-2019-0008

Schlüsselwörter
civil partnership contract, registration before the registrar, solidarity of debts, “indivision” or separation as to property, no legal inheritance

© 2019 Albana Metaj-Stojanova, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

French Civil Partnership Contract (PACS)

Online veröffentlicht: 08. Aug. 2019

Seitenbereich: 134 - 159

DOI: https://doi.org/10.2478/seeur-2019-0008

Schlüsselwörtercivil partnership contract, registration before the registrar, solidarity of debts, “indivision” or separation as to property, no legal inheritance

© 2019 Albana Metaj-Stojanova, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Schlüsselwörter
civil partnership contract, registration before the registrar, solidarity of debts, “indivision” or separation as to property, no legal inheritance