The Concepts of Habitual Residence and Ordinary Residence in Light of Quebec Civil Law, the Divorce Act and the Hague Conventions of 1980 and 1996

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Part I: Habitual Residence in Quebec Law and Under the 1980 and 1996 Hague Conventions

We will answer the following questions:

• Q. 1 What is the meaning of the concept of "residence" in Quebec civil law?

• Q. 2 What is the meaning of the concept of "habitual residence"

  • A. in Quebec civil law?

  • B. under the 1980 Hague Convention on Child Abduction?

  • C. under the 1996 Hague Convention on the Protection of Minors?

• Q. 3 Does the interpretation (in the case law) given to the concept of "habitual residence" under the Hague Conventions differ from the one given under Quebec civil law?

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