N.+Kasirer,+«+Note+Marriage+»

- Marriage has traditionally been the centerpiece of family law in Quebec - But marriage is less important now sociologically (due to families with single-parents, and co-habiteees of the same or different sexes) and juridically (social welfare regimes rely on stable conjugal relationships that resemble marriage, rather than on marriage exclusively) - No longer distinctions between legitimate and illegitimate children. Marriage plays a secondary role in establishment of filiation (522 CCQ) - But marriage entails many legal consequences (family-related and successions-related). - This section of the course asks: what is marriage? and what are its effects on spouses? - Later in the course we will see the patrimonial effects of marriage and its breakdown.

The rules of solemnization of marriage (arts 365-77 CCQ are framed as 'meeting of the minds') but spouses have little leeway to arrnage their affairs. NB: Don't confuse "marriage as a contract" with "the marriage contract" (a notarial deed specifying the matrimonial regime) - Marriage can be nullified for lack of consent. The accessibility and social acceptance of divorce has relegated the nullity of marraige to the category of historial curiosity.
 * Is marriage a contract or an institution of public order?**

- To find what constitutes a marriage: look at grounds for separation from bed and board (//séparation de corps//) and divorce. Is a divorce for proven adultery a sanction for the non-performance of an obligation of fidelity in marriage? - 392CCQ imposes obligations of respect, fidelity, succour and assistance on spouses. 392CCQ, para. 3 imposes an 'obligation de faire vie commune'. What is the juridical content of these ideas?
 * What consitutes a marriage?**