Les conditions procédurales de l'utilisation des barèmes en matière de pension alimentaire : l'apport du droit comparé
Auteur | Legal News |
Les barèmes pour fixer les pensions à caractère alimentaire sont utilisés dans de nombreux pays à l'instar de pays tels les Etats- Unis, l'Australie ou encore la Grande-Bretagne où la contribution est fixée selon des méthodes non contentieuses. Ce système n'est pas utilisé en France où le montant de la pension est fixé par décision judiciaire, bien qu'à de nombreuses reprises, via des enquêtes ou des études d'opportunité, l'application d'un tel barème ait été envisagée. Ainsi, l'étude du droit comparé démontre, comme le souligne Jean-Claude Bardout, la possibilité d'une réforme en ce sens en France. Après avoir démontré...
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