The development of matrimonial property regime legislation in mixed jurisdictions : a focus on Malta, Québec and Louisiana

Abstract

The principle objective of this thesis is to compare the development of matrimonial property regime legislation in Malta, Québec and Louisiana. Malta, Québec and Louisiana are jurisdictions which comprise a mixed legal system – a fact which is also included in the comparative exercise. The introduction initiates the thesis by discussing marriage in a social and legal context while examining the effect of the mixed jurisdiction on the choice of matrimonial property regime legislation. Matrimonial property regimes are examined in a general format while determining their definition as found in legislation of Malta, Québec and Louisiana. The nature and definition of the term 'mixed jurisdiction' is also looked into to provide an all-round approach with reference to authors' works to complement the thesis. The subject of the development of matrimonial property regime legislation is treated in the third chapter, discussing the main amendments over the years in all three jurisdictions. Malta, Québec and Louisiana are examined separately for a clearer and more concise result. This chapter also encompasses the development of the mixed jurisdiction in Malta, Québec and Louisiana. The current stance of matrimonial property regime legislation is then discussed in the ensuing chapter, bringing Malta, Québec and Louisiana together to carry out a comparative exercise in order to determine whether the fact that they are mixed jurisdictions has influenced their choice of matrimonial property regime legislation and if in fact, Malta, Québec and Louisiana have similar legislation on the subject considering their similar legal history. Jurisprudence is examined throughout to complement the thesis. The resulting similarities and differences regarding the mixed jurisdiction concept and the development of matrimonial property regime legislation in Malta, Québec and Louisiana are treated in the conclusion.