L’union juridique formée par deux personnes qui vivent en couple se fonde sur l’existence d’une communauté de vie, dont le droit français consacre trois modes d’organisation : le mariage, le pacte civil de solidarité et le concubinage. L’intensité de cette communauté varie selon le mode de conjugalité et chacun constitue, par conséquent, une inégale source de solidarité. Ce soutien, à la fois matériel et moral, ne résiste pas à la dissolution de l’union qui constitue dès lors, dans certains cas, la source d’un préjudice ou d’un état de besoin.Dans le but de les compenser, le droit met en œuvre une indemnisation, lors de la rupture. Ce transfert de valeurs prend la forme de dommages-intérêts, d’une prestation compensatoire et d’une indemnité in rem verso. Toutefois, après avoir assisté au recul de la faute, ainsi qu’à l’avènement d’une responsabilité objective, c’est tout le système de la compensation-indemnisation qui décline et ne semble plus adapté à l’union telle qu’on la conçoit, libéralisée dans sa dissolution et émancipatrice des individus. Ce déclin incite à rechercher l’existence d’une autre méthode de compensation.L’extinction du lien conjugal dissout la communauté de vie, sans que les effets déjà produits ne soient remis en cause. Or, tout au long de la vie commune, l’union provoque la mutualisation d’un certain nombre de richesses, qu’il convient de partager. Cette redistribution, réalisée par l’intermédiaire d’une communauté, d’une indivision ou d’une société a pour effet de compenser l’éventuelle disparité patrimoniale. Lorsque cette compensation est insuffisante ou ne permet pas à l’un des conjoints de subvenir à ses besoins, c’est une redistribution minimale que le droit organise, en tirant profit des biens présents dans le patrimoine de l’un, pour attribuer des droits utiles à l’autre, notamment sur l’immeuble affecté au logement. Ces deux formes de distribution constituent les manifestations d’un nouveau modèle : la compensation-distribution. / The legal union formed by two persons living as a couple is based on the existence of a joint living for which French Law sanctions three modes of organization: marriage, civil partnership and cohabitation. The intensity of this community depends on the nature of conjugality. As a consequence, each of the presented modes of organization consists of an uneven source of solidarity. Solidarity is both material and moral, and does not survive the dissolution of the union, which therefore denotes, in some cases, a source of damage or a state of necessity. In order to compensate this situation, French Law provides for compensation when couples break up. This transfer of value takes the form of damages, of a spousal support or of an in rem verso compensation. However, as a consequence of the decline of fault and the accession of an objective liability, the whole compensation system is deteriorating and no more seems suitable for the union the way it is understood, i.e. liberal in its break up and liberated from individuals. This decline encourages us to look for the existence of other compensation methods. The termination of the marital bond dissolves the joint living without prejudice to the effects already produced. Yet, throughout the shared life, the union causes a certain mutual wealth that needs to be divided. This redistribution, made trough a community, a joint ownership or a company, ends up compensating the possible disparity in property. When the compensation is insufficient or cannot permit one of the spouses to support themselves, the Law organizes a minimal redistribution, taking into account the present assets of a spouse in order to grant a useful right to the other, especially concerning accommodation. Those two forms of distribution represent the expression of a new model: the distributive compensation.

The purpose of this study was to predict the family resources that influence positive family-to-work spillover for women who are engaged in parent, partner, and paid employee roles. While much research examines the construct of work-family conflict, little examines the positive benefits for women participating in multiple roles. A conceptual framework for the study was obtained from Voydanoffs (2002) work applying ecological systems theory to the work-family interface. Several factors were hypothesized to predict positive family-to-work spillover for multiple role women, including: spousal support; perceived fairness in the division of housework and childcare; relative share of childcare and housework; and paid assistance with housework.<p>Data for this study was collected in a survey designed for a larger assessment of work, family, gender, and health in the Saskatoon area. The current study utilized data collected from women who met the following criteria: 1) spoke fluent English; 2) fell between the ages of 25 - 54 years; 3) were employed full-time or part-time; and 4) were the parent of at least one child under the age of 20 years. The dependent variable was a measure of positive family-to-work spillover. Independent variables included: spousal support; perceived fairness of the division of childcare; perceived fairness of the division of housework; relative of share of housework for respondents compared to ones partner; and paid assistance with housework. Control variables included income, presence of preschool children, number of children, educational attainment, and hours of paid employment. A sequential multiple regression was performed to predict positive family-to-work spillover from the independent variables. The final regression model predicting positive family-to-work spillover included three independent variables: 1) spousal support; 2) the perception of division of childcare as unfair to ones partner; and 3) relative share of housework for the respondent. Implications and limitations of these findings are discussed.

The purpose of this study was to predict the family resources that influence positive family-to-work spillover for women who are engaged in parent, partner, and paid employee roles. While much research examines the construct of work-family conflict, little examines the positive benefits for women participating in multiple roles. A conceptual framework for the study was obtained from Voydanoffs (2002) work applying ecological systems theory to the work-family interface. Several factors were hypothesized to predict positive family-to-work spillover for multiple role women, including: spousal support; perceived fairness in the division of housework and childcare; relative share of childcare and housework; and paid assistance with housework.<p>Data for this study was collected in a survey designed for a larger assessment of work, family, gender, and health in the Saskatoon area. The current study utilized data collected from women who met the following criteria: 1) spoke fluent English; 2) fell between the ages of 25 - 54 years; 3) were employed full-time or part-time; and 4) were the parent of at least one child under the age of 20 years. The dependent variable was a measure of positive family-to-work spillover. Independent variables included: spousal support; perceived fairness of the division of childcare; perceived fairness of the division of housework; relative of share of housework for respondents compared to ones partner; and paid assistance with housework. Control variables included income, presence of preschool children, number of children, educational attainment, and hours of paid employment. A sequential multiple regression was performed to predict positive family-to-work spillover from the independent variables. The final regression model predicting positive family-to-work spillover included three independent variables: 1) spousal support; 2) the perception of division of childcare as unfair to ones partner; and 3) relative share of housework for the respondent. Implications and limitations of these findings are discussed.

Le Québec est la seule province canadienne à ne pas imposer d'obligation légale quant aux rapports interpersonnels entre les membres de couples non mariés. Pourtant, leur nombre augmente considérablement et, en 2001, il y avait 1 158 410 couples en union libre au Canada, dont 508 525 vivaient au Québec. Les conjoints de fait des autres provinces canadiennes ont revendiqué un statut juridique d'égalité de droits avec les couples mariés, ce qui a donné lieu à plusieurs décisions de la Cour suprême du Canada et à la mise en vigueur de lois visant l'encadrement juridique de la rupture de ces conjoints de fait. C'est ainsi que toutes les provinces canadiennes, sauf le Québec, imposent une obligation alimentaire entre conjoints de fait à la rupture. La présente étude utilise les méthodologies d'analyse proposées par les théories légales féministes pour aborder la situation juridique de la famille québécoise dans un contexte historique et social afin de suggérer la mise en place d'un cadre légal des rapports interpersonnels des conjoints de fait. Afin de favoriser une plus grande égalité et une solidarité familiale, l'auteur propose l'établissement d'une obligation alimentaire compensatoire entre les membres des couples québécois non-mariés, avec enfants. / Quebec is the only Canadian province that does not impose legal obligations regarding interpersonal relations between the members of unmarried couples. In 2001, there was 1 158 410 unmarried couples in Canada, of which 508 525 were living in the province of Ouebec. Common law spouses from other provinces have claimed equal legal status with married couples, which lead to many decisions from the Supreme Court of Canada and to provincial legislations regarding their separation. Thus, ail Canadian provinces except Ouebec impose alimentary support on common law spouses at separation. This study uses the methodology of feminist legal theories to approach the legal situation of Quebec families in a historical and sociological context to propose a legislation regarding interpersonal relations within unmarried couples. According to the author, there should be a compensatory obligation of support between the members of unmarried couples with children to favor equality and familial solidarity. / "Mémoire présenté à la Faculté des études supérieures En vue de l'obtention du grade de Maîtrise en droit LL.M. (2-325-1-0)"

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The purpose of this study was to examine the perceptions of working women when they announce their pregnancies, take maternity leave, transition back to work, and utilize flexible work policies. Using a qualitative methodology, transcripts of in-depth interviews were analyzed utilizing a life history approach. Key findings of the study are that women perceive more negative responses to the announcement of their pregnancies than positive ones. In terms of maternity and parental leave policies, all the participants had access to these benefits. Women found issues with financial adequacy, administration, and duration of these policies. Mothers found that financial support from the Canadian government was inadequate to allow them to take the full duration of the 52-week maternity and parental leave for which they were eligible. In addition, employer “top-up” payments were limited and administrative details of maternity leave were often not discussed fully with pregnant workers. When women returned to work, they found that workplaces did not offer resources such as a phased-in return to work or personnel to help them re-engage with their prior work projects. Women discussed the challenges of managing their dual roles of worker and mother and found that managers and coworkers put them in a mommy mould which lessened the quality of their assignments. New mothers found that they had difficultly juggling their work and home responsibilities, finding time for themselves, and receiving increased domestic support from their spouses. While some workplaces offered women flexible workplace policies, not all mothers chose to access them as they found these policies often negatively impacted their career progression. Other issues were a lack of flexible workplace policy transparency, inconsistent manager support, and difficulty maintaining a flexible schedule. Findings have major implications for an improved response from managers upon pregnancy announcement, improved dialogue among employers about increasing “top up” maternity leave pay to new mothers, developing a formal transition plan for new mothers returning to the workplace, and expanding the use of flexible workplace policies.

The purpose of this study was to examine the perceptions of working women when they announce their pregnancies, take maternity leave, transition back to work, and utilize flexible work policies. Using a qualitative methodology, transcripts of in-depth interviews were analyzed utilizing a life history approach. Key findings of the study are that women perceive more negative responses to the announcement of their pregnancies than positive ones. In terms of maternity and parental leave policies, all the participants had access to these benefits. Women found issues with financial adequacy, administration, and duration of these policies. Mothers found that financial support from the Canadian government was inadequate to allow them to take the full duration of the 52-week maternity and parental leave for which they were eligible. In addition, employer “top-up” payments were limited and administrative details of maternity leave were often not discussed fully with pregnant workers. When women returned to work, they found that workplaces did not offer resources such as a phased-in return to work or personnel to help them re-engage with their prior work projects. Women discussed the challenges of managing their dual roles of worker and mother and found that managers and coworkers put them in a mommy mould which lessened the quality of their assignments. New mothers found that they had difficultly juggling their work and home responsibilities, finding time for themselves, and receiving increased domestic support from their spouses. While some workplaces offered women flexible workplace policies, not all mothers chose to access them as they found these policies often negatively impacted their career progression. Other issues were a lack of flexible workplace policy transparency, inconsistent manager support, and difficulty maintaining a flexible schedule. Findings have major implications for an improved response from managers upon pregnancy announcement, improved dialogue among employers about increasing “top up” maternity leave pay to new mothers, developing a formal transition plan for new mothers returning to the workplace, and expanding the use of flexible workplace policies.