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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Table of Contents

• OVERVIEW
• PART I: HABITUAL RESIDENCE IN QUEBEC LAW AND UNDER THE 1980 AND 1996 HAGUE CONVENTIONS
  • Question 1: Meaning of "residence" in Quebec civil law
    • 1.A Traditional definition of residence
    • 1.B Meaning under Civil Code: stable and therefore ordinary residence
  • Question 2: Meaning of the concept of habitual residence in Quebec civil law and under the 1980 and 1996 Hague Conventions
    • 2.A Meaning of the concept of "habitual residence" in Quebec civil law
    • 2.B Meaning of the concept of "habitual residence" under the 1980 Hague Convention on International Child Abduction
    • 2.C Meaning of the concept of "habitual residence" under the 1996 Hague Convention on Child Protection
  • Question 3: Differences of interpretation of the concept of "habitual residence" in Quebec civil law and under the 1980 and 1996 Hague Conventions
    • 3.A General rules of interpretation of habitual residence
    • 3.B Specific rules on habitual residence
  • Conclusion
• PART II: HABITUAL RESIDENCE AND ORDINARY RESIDENCE IN QUEBEC LAW AND UNDER THE DIVORCE ACT
  • Question 4: Existence and meaning of the concept of ordinary residence in Quebec civil law
    • 4.A Absence of specific meaning
    • 4.B The terms "ordinary residence" and "habitual residence" are understood as one concept
  • Question 5: Is there a difference of interpretation in Quebec case law between the French version ("résidence habituelle") and the English version ("ordinary residence") of article 77 of the Civil Code?
  • Question 6: Is there a difference of interpretation in Quebec case law between the French version ("résidence habituelle") and the English version ("ordinary residence") of sections 3, 4 and 5 of the Divorce Act?
  • Question 7: Is there a difference in Quebec law between "résidence habituelle" and "résidence ordinaire" or "ordinary residence"?
• ENDNOTES

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