La répudiation : étude d’une antinomie juridique

Abstract

How can one reconcile French human rights law, secular and egalitarian, with the unilateral repudiation practised in certain Muslim countries ? Two fundamental principles in the French legal system clash head on : the principle of respect for foreign cultures and the principle of equality between men and women. When it comes to dealing with repudiation in France, French courts have always privileged the second principle. Moreover, two recent matters show that the attitude of French courts is changing concerning repudiations abroad. In fact, whereas previously French courts expressed a certain degree of tolerance regarding foreign repudiation, they now often refuse to recognise it, invoking the principle of equality between spouses established by the European Convention on Human Rights