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The Civil Pact of Solidarity (PACS) 20 years later - has there been a real alternative to marital cohabitation in France?

Publication at Faculty of Law |
2022

Abstract

Through PACS, as a standardized hybrid contract, the amendment of which was inserted directly into the French Civil Code (cf. Art. 515-1 an.

Civil Code), the French legislator allowed two unmarried adult natural persons (same or different sex) to adjust selected aspects of their partner life. Now, after 20 years of effectiveness of this unique standard in Europe (and in the world), not only its quantitative balance is offered (ie especially in terms of social acceptability PACS), but also its qualitative analysis (ie especially in terms of efficiency and further development PACS).

Among others, the legitimate question arises as to the extent to which the critical arguments of the (not only professional) public previously made against the PACS legislation were substantiated and to what extent the predictions about the practical (non) application of this new institute proved to be realistic. This new institute has endangered the institute of marriage, which has been established for several thousand years, resp. did he devalue - after his adoption - the importance of marriage in French society?