The Rise of PACS: A New Type of Commitment From the City of Love

Abstract

The approaches to cohabitation in France and the United States raise questions regarding the role of contract and the autonomy of cohabitants to enter into binding agreements regarding property distribution at the conclusion of their relationship.38 Although the United States has narrowly addressed contractual rights for cohabitants, France has implemented transformative measures to recognize these rights through PACS. This Article analyzes both approaches, highlighting certain aspects of the French PACS, such as the expanded recognition of contractual rights. Accordingly, Part II begins by analyzing cohabitation laws in the United States, while Part III addresses French law on cohabitation. Part IV compares and analyzes cohabitation issues in both countries, highlighting certain aspects of the PACS system.