Le formalisme en droit patrimonial de la famille

Download or read book Le formalisme en droit patrimonial de la famille written by Samuel Fulli-Lemaire and published by . This book was released on 2017 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: English Abstract: A significant number of recent studies have dealt with property relations between spouses and succession law from a comparative perspective. In both cases, formalism is a salient issue whenever private autonomy comes into play. This paper deals successively with marital agreements and testaments, the two acts to which most of the issues relate. As far as marital agreements are concerned, the various comparative studies that have been conducted reveal that formal requirements vary widely from one jurisdiction to another. However, this observation must be qualified by taking into account the scope of review exercised by courts over the agreement at the time of the divorce or litigation: often relaxed formal requirements are balanced by broad judicial review. Regarding testaments, a wide-ranging study reveals a steady ebb of formalism across all jurisdictions. Remarkably, it affects all kinds of testaments, and this trend may be further reinforced by a shift towards "property rights, interests and assets created or transferred otherwise than by succession", since part of their appeal is their greater flexibility when it comes to formal requirements.