Within DICE, Edmond Moboladji Akambi Fakeye analyzed matrimonial regimes in French and Beninese law.
Edmond Moboladji Akambi Fakeye, chercheur·e au sein de DICE (Aix Marseille Université).
Thèse soutenue en 2024 à l'école doctorale École doctorale Sociétés méditerranéennes et sciences humaines (Toulon ; 2008-....).
Référencée dans le réseau ABES/STAR, cette thèse répond aux critères de rigueur de l'enseignement supérieur français.
The study of matrimonial regimes is a subject that deserves particular attention, especially in a context where family dynamics are rapidly evolving and traditional structures are often called into question. Matrimonial regimes, which govern the property relations between spouses, are often perceived as rigid structures, frozen in time. However, this thesis highlights a much more complex and nuanced reality. By comparing French law and Beninese law, we discover similarities that testify to a colonial legacy, but also inconsistencies in the face of new forms of conjugal relationships that are emerging in our contemporary societies.
The research reveals that current rules, particularly those of the imperative primary regime, apply only to married couples. This leaves aside a growing portion of the population that chooses non-traditional forms of cohabitation, such as cohabitation or free unions. For example, in Benin, more and more young couples are opting for informal arrangements, often motivated by economic considerations or a desire for personal freedom. Why do laws continue to ignore these sociological realities? This question is crucial, as it touches on the daily lives of many couples who do not identify with existing legal structures.
It is essential to understand that matrimonial regimes are not only legal tools but also reflections of societal values. In France, for example, the law on PACS (Civil Solidarity Pact) was introduced to respond to a growing societal demand for the inclusion of unmarried couples. This legislative evolution has allowed for the recognition of rights and duties for these couples, but remains insufficient to cover all situations. In Benin, the situation is even more complex, as cultural traditions and social norms strongly influence the perception of marriage and unions.
The recommendations of this study are clear: it is imperative to include unmarried couples in matrimonial regimes. This is not limited to a simple update of texts but requires deep reflection on equality between spouses and the recognition of conjugal diversities. Laws must evolve to reflect the diversity of forms of conjugal relationships and contemporary societal issues. For example, it would be relevant to consider protection regimes for cohabiting couples, in order to guarantee rights in matters of inheritance, property sharing, or financial responsibility.
In summary, this thesis calls for a rewriting of the provisions related to the contribution to the burdens of marriage and the solidarity of household debts. Decision-makers must become aware of the importance of an inclusive and modern approach to matrimonial regimes. Ignoring these realities risks creating additional inequalities within couples, whether married or not.
It is also crucial to consider the practical implications of these recommendations. For example, a reform of matrimonial regimes could help reduce economic inequalities between the sexes by ensuring that the contributions of both partners are recognized and protected. This could also encourage a better distribution of responsibilities within the couple, thus promoting greater equity in relationships.
Finally, such a reform could have positive repercussions on society as a whole. By recognizing and protecting all forms of conjugal relationships, we would foster an atmosphere of respect and mutual understanding, essential for social cohesion. Legislators, jurists, and civil society actors must therefore engage in constructive dialogue to advance this crucial issue. Ultimately, it is time to rethink our matrimonial regimes so that they are both fair and adapted to the realities of our time.
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Sources et accès
Edmond Moboladji Akambi Fakeye. Étude des régimes matrimoniaux : Approche comparative entre le droit français et le droit béninois. Droit. Université de Toulon, 2024. Français. ⟨NNT : 2024TOUL0169⟩. ⟨tel-05039489⟩