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Rick and Olive - Civil Law

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Autor:   •  May 14, 2018  •  Essay  •  575 Words (3 Pages)  •  48 Views

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Stefanie Bousdoukos

Ms Georgia Roumeliotis

Civil Law I Group 3

2 October 2017

Rick and Olive

  1. At the birth of a child, only the father or more may declare filiation of the child in regards to themselves. As Olive and Rick are living together as de facto spouses and the child will be born during their civil union, Olive is allowed to declare the filiation of the child in regards to Rick while he is away on his safari trip. (art. 114 C.c.Q) Because Rick is unable to be present, Olive will act as the declarant, as she will be watching the child until Ricks return. (art. 116 C.c.Q) Thus, the surname of Shaw-Oyl can be issued by Olive under art. 51 of the C.c.Q, stating a child is given, as his mother and father choose, one or more given names and a surname composed of not more than two parts taken from those which compose his parentssurnames.
  2. After three years of being gone without any word, Rick can be seen as an absentee in the eyes of the law. An absentee is someone who is domiciled in Quebec but ceases to appear there without giving news of himself, and it being unknown whether or not he is still alive. (art. 84 C.c.Q) Since Rick has disappeared for over a year, Olive may apply to the court for a declaration of liquidation of the patrimonial rights of the spouses. (art. 89 p.1 C.c.Q) However, she cannot be regarded as a window, as a declaratory judgment of Ricks death may only be pronounced seven years after his disappearance, and he has only been missing for three thus far. (art. 92 p.1 C.c.Q)
  3. If Olive and Ricks civil union is declared null upon the granting of her request to the court, the Registrars role and tasks will be to cancel the act of civil union and make the required entries in the register to guarantee the coherence of the register. (art. 135 p.4 C.c.Q)
  4. As Ricks body was discovered in Granby Zoo, the reported place of his death will be Granby, Quebec. Because the location of his death is unknown, it is presumed to be the location in which his body was discovered. (art. 127 p.2 C.c.Q)
  5. Once Olives new marriage is declared in Venice, it will be able to be part of the Quebec Registrar of Civil Status. Upon receiving an act of civil status made outside of Quebec but relating to the persons domiciled in Quebec, the register of civil status will insert the act in the register as if it were an act issued in Quebec. (art. 137 p.1 C.c.Q)
  6. Sonny will be able to apply for this chance, as an application for a change of name can be made by a minor child alone, so long as he is of 14 years of age or over. (art. 60. p1. C.c.Q) He may change his name if a new act of civil status is drawn up, where a judgment of a change of name has been notified to the Registrar or where the decision to authorize a change of name is finalized. (art. 132 p.1 C.c.Q)
  7. In regards to a criminal investigation, a coroners report may be used as a proof of death, as well as an authorized Death Certificate.

References

  1. Doctrine
  2. Brisson, Jean-Maurice, and Nicholas Kasirer. Civil Code of Québec. A Critical Edition 2017-2018. Vol. 1, Éditions Yvon Blais, 2017.

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