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

Part II: Habitual Residence in Quebec Law and Under the 1980 and 1996 Hague Conventions

Question 4: Existence and meaning of the concept of ordinary residence in Quebec civil law

The concept of ordinary residence exists in Quebec law, but depending on the context either has no specific legal meaning or has the same meaning as "habitual residence".

4.A Absence of specific meaning

Some cases[157] use the expression (in French) "résidence ordinaire", without giving it a specific meaning. See, for example, Droit de la famille — 1473 [158] and L. v. Vallée.[159] Some statutes also use the concept of "ordinary residence". [160]

4.B The terms "ordinary residence" and "habitual residence" are understood as one concept

In several statutes, the concept of "ordinary residence" is used as a translation of "résidence habituelle": see the English version of article 77 C.C.Q.

Article 77. The residence of a person is the place where he ordinarily resides; if a person has more than one residence, his principal residence is considered in establishing his domicile.

In article 68 of the Code of Civil Procedure, the phrase is used as a translation of "résidence".[161] In Quebec law, however, "résidence" is itself defined as "résidence habituelle" in article 77 C.C.Q.

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