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A FRENCH CIVIL COVENANT OF SOLIDARITY OR PACS (Francuski cywilny pakt solidarnosci)

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Pfeifer K. P.

Kwartalnik Prawa Prywatnego

2010

vol. 19

issue 1

43-68

A Civil Covenant of Solidarity (PACS - Pacte civil de solidarité) is a contract entered into by two natural persons of age, of different sexes or of a same sex, to organize their common life. A civil partnership was introduced to the French legal system by the law No. 99-944 of 15 November 1999, which added to the Civil Code the articles from 515-1 to 515-8. Work on this Act was accompanied by many discussions of nature, not only legal but also political and sociological. This law has been very criticized by the legal environment for his laconic nature and difficulties of interpretation. That is why, on the occasion of changes on the field of succession putted in force by the law No. 2006-728 of June 23, 2006 legislator has decided to modify a regulation of civil partnership. This reform introduced innovations in the personal and patrimonial statute of partners that have approached this union to marriage. Actually, PACS is not only a patrimonial contract, like it was under the law of 1999, but it has acquired also a personal dimension. Information about conclusion of the civil partnership and the name of the partner are henceforth placed in the margin of the birth certificate, as in the case of marriage. Significant changes were made in the field of non-financial duties between partners. New rules lay partners under an obligation of common life (vie commune) and assistance support (support each other; assistance réciproque). The methods to put an end to a civil covenant of solidarity remain unchanged. However in order to protect partners in their mutual relations the reform of 2006 has modified a date from which the termination of partnership becomes effective. Civil partnership's system of property rights was also reformed. One of the major changes in the PACS concerns the responsibility of partners for debts incurred by one of them for the needs of everyday life. Joint and several liability for expenses relating to the common lodging and for expenses manifestly excessive have been excluded. As for the system of property rights, the system of undivided ownership has been replaced by the system of separate property with presumption of joint ownership in the absence of contrary evidence. Partners can opt for the system of undivided ownership of acquisitions (indivision des acquets). The recent reform deals also with a settlement of accounts between partners due to its separation (the liquidation of the rights and obligations). Despite the considerable PACS's similarity to marriage, especially after the reform of 2006, the partners still can not inherit from each other by way of statutory inheritance, but only through a will. An institutional nature of civil partnership in France has been reinforced and PACS has become a real legal form of cohabitation and not only an ordinary patrimonial contract. Nevertheless it does not alter the fact that it is still a civil contract and accordingly to the principle of contractual freedom they may at its sole discretion to shape the content of the pact linking them, provided that these provisions serve the organization of their common life. Of course, the general requirements of legal order and PACS will limit this freedom. Summarizing: PACS has stopped halfway between a typical contract and the institution that is marriage.

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1 Kwartalnik Prawa Prywatnego

1 2010

1 Pfeifer K. P.

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A FRENCH CIVIL COVENANT OF SOLIDARITY OR PACS (Francuski cywilny pakt solidarnosci)