Justiciabilité et droit international privé québécois : les statuts matrimoniaux libanais

Abstract

Since the highest Canadian court has mentioned the notion of justiciability in its decision Bruker v. Marcovitz, clauses found in marriage contracts can transform religious or cultural normative obligations into obligations enforceable under Canadian law. This article argues that this concept deserves to be implemented in Quebec private international law. For the meshing of justiciability and foreign normativity offers the conditions for the application of a foreign norm into family disputes between parties of immigrant origin. It is this hypothesis that we intend to investigate by analyzing the Quebec case law of matrimonial disputes between Lebanese immigrants of different religious affiliations.

Keywords

• Private international law
• Family law
• Religion
• Justiciability
• Lebanon