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Encyclopedia > Civil Code of Quebec

The Civil Code of Québec (Code civil du Québec) is the civil code in force in the province of Quebec, Canada. Except for certain parts of the book on the Law of the Family which were adopted by the National Assembly in the 1980s, the Civil Code of Québec came into effect on January 1, 1994. It replaced the Civil Code of Lower Canada (Code civil du Bas-Canada) enacted by the Legislative Assembly of the Province of Canada in 1865 which entered into force July 1, 1866. A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. ... Motto: Je me souviens (French: I remember) Capital Quebec City Largest city Montreal Official languages French Government - Lieutenant-Governor Lise Thibault - Premier Jean Charest (PLQ) Federal representation in Canadian Parliament - House seats 75 - Senate seats 24 Confederation July 1, 1867 (1st) Area Ranked 2nd - Total 1,542,056 km² - Water... The Quebec Parliament Building at night The National Assembly of Quebec (French: Assemblée nationale du Québec) is the name for the legislative body of the province of Quebec, Canada which was defined in the Canadian constitution as the Legislative Assembly of Quebec (lassemblée législative de... The 1980s refers to the years from 1980 to 1989. ... January 1 is the first day of the calendar year in both the Julian and Gregorian calendars. ... 1994 (MCMXCIV) was a common year starting on Saturday of the Gregorian calendar, and was designated as the International Year of the Family and the International Year of the Sport and the Olympic Ideal by United Nations. ... Civil Code of Lower Canada was the civil code in force in Lower Canada from 1865 to 1867 and in Quebec from 1867 to 1994. ... The Legislative Assembly of the Province of Canada was the legislature for the Province of Canada, which consisted of the former provinces of Lower Canada, then known as Canada East and later the province of Quebec, and Upper Canada, then known as Canada West and later the province of Ontario. ... July 1 is the 182nd day of the year (183rd in leap years) in the Gregorian calendar, with 183 days remaining. ... 1866 (MDCCCLXVI) is a common year starting on Monday of the Gregorian calendar or a common year starting on Wednesday of the 12-day-slower Julian calendar. ...

Contents

History of the Civil Code of Québec

During the French Colonial Era

From 1608 to 1664 the first colonists to New France continued to follow the law of their origin, i.e. the custom (or la coutume in French) that was in force in the province of France from which the colonists came. Events March 18 - Sissinios formally crowned Emperor of Ethiopia May 14 - Protestant Union founded in Auhausen. ... Events March 12 - New Jersey becomes a colony of England. ... Capital Quebec Language(s) French Religion Roman Catholicism Government Monarchy King See List of French monarchs Governor See list of Governors Legislature Sovereign Council of New France Historical era Ancien Régime in France  - Royal Control 1655  - Articles of Capitulation of Quebec 1759  - Articles of Capitulation of Montreal 1760  - Treaty...


In 1664 the French King decreed in "l'Édit d'établissement de la compagnie des Indes occidentales" (art. XXXIII) that la Coutume de Paris was applicable throughout New France. Also added was "le droit français de la métropole". This included various royal legislation, royal ordinances ("ordonnances royales"), canon law for marriage and roman law for the law of obligations (les obligations, i.e. contracts and delicts). Also applicable were the ordinances of the Royal Intendants ("les ordonnances des intendants") and the decisions of the Conseil souverain ("les arrêts de règlement du Conseil souverain"). Events March 12 - New Jersey becomes a colony of England. ... Canon law is the term used for the internal ecclesiastical law which governs various churches, most notably the Roman Catholic Church, the Eastern Orthodox Churches and the Anglican Communion of churches. ... Ordinary Magistrates Extraordinary Magistrates Titles and Honors Emperor Politics and Law Roman law is the legal system of ancient Rome. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Delict is a concept of civil law which is used to some degree in many civil law legal systems. ... New France was governed by three rulers: the governor, the bishop and the intendant, all appointed by the King, and sent from France. ...


As this Edict was applied the Royal Intendant was responsible for the justice in the colony and lawyers were not allowed to practice in the colony. Most disputes were resolved by local notaries or the local parish priests by arbitration in a manner much as had been done in ancient Rome. While there were many seigneuries in New France and under French feudal law the lords of these jurisdictions had judicial powers (high and low jurisdiction), those grants by the French crown never included a grant of high (capital crimes) or low (minor offences) jurisdiction as those powers were reserved for the Intendant. Low jurisdiction was a manner in which some local disputes could be resolved by the local seigneur according to his whim — even that power was reserved for the Intendant in New France. Thus while the Custom of Paris was the law of New France there was little mechanism for actually enforcing that law available to the residents of the colony. New France was governed by three rulers: the governor, the bishop and the intendant, all appointed by the King, and sent from France. ... English barrister 16th century painting of a civil law notary, by Flemish painter Quentin Massys. ... 16th century painting of a civil law notary, by Flemish painter Quentin Massys Civil law notaries are trained jurists who often receive the same training as advocating jurists — those with a legal education who become litigators such as barristers in England and Wales and Northern Ireland or avocats in France... A parish is a type of administrative subdivision. ... . ... Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the arbitrators or arbitral tribunal), by whose decision (the award) they agree to be bound. ... Ancient Rome was a civilization that grew from a small agricultural community founded on the Italian Peninsula circa the 9th century BC to a massive empire straddling the Mediterranean Sea. ... The seigneurial system of New France was the semi-feudal system of land distribution used in the colonies of New France. ...


Under the British Empire

Following France's abandonment of Quebec in favour of Guadaloupe in the Treaty of Paris (1763), Quebec came under British law. However, the seigneurial system of land tenure continued to be applied uniformly throughout the province. In 1774 the British Parliament passed the Quebec Act which restored the former French civil law for private relationships while maintaining the common law for public administration, including the prosecution of crimes. As a result, the colony, later known as the Dominion of Canada, is today one of only a handful of "bijural" countries in the world where two legal systems co-exist. The Act was not acceptable to the British minority who believed that British citizens should be governed by English law. The Constitutional Act of 1791 resolved the issue by the creation of Upper Canada west of the Ottawa River and Lower Canada around the St. Lawrence River. The result gave British Lower Canada, with its majority French speaking populace, its civil law and English law was applied to British Upper Canada. Guadeloupe, in the Caribbean Sea, is an archipelago with a total area of 1,704 km² located in the Eastern Caribbean. ... The Treaty of Paris, often called the Peace of Paris, or the Treaty of 1763, was signed on February 10, 1763, by the kingdoms of Great Britain, France and Spain, with Portugal in agreement. ... The seigneurial system of New France was the semi-feudal system of land distribution used in the colonies of New France. ... Land tenure is the name given, particularly in common law systems, to the legal regime in which land is owned by an individual, who is said to hold the land. ... Chesma Column in Tsarskoe Selo, commemorating the end of the Russo-Turkish War. ... The Quebec Act of 1774 was an Act of the Parliament of Great Britain (citation 14 Geo. ... Canada is the second largest and the northern-most country in the world, occupying most of the North American land mass. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ... The Constitutional Act of 1791 was a British law which changed the government of the province of Quebec to accommodate the many English-speaking settlers, known as the United Empire Loyalists, who had arrived from the United States following the American Revolution. ... Flag Map of Upper Canada (orange) Capital Newark 1792 - 1797 York 1797 - 1841 Language(s) English Religion Anglican Government Constitutional monarchy Sovereign  - 1791-1820 George III  - 1837-1841 Victoria Lieutenant-Governor See list of Lieutenant-Governors Legislature Parliament of Upper Canada  - Upper house Legislative Council  - Lower house Legislative Assembly Historical... This is about the river in Canada. ... Map of Lower Canada (green) Lower Canada was a British colony on the lower Saint Lawrence River and the shores of the Gulf of Saint Lawrence (1791-1841). ... The Saint Lawrence River (French fleuve Saint-Laurent) is a large west-to-east flowing river in the middle latitudes of North America, connecting the Great Lakes with the Atlantic Ocean. ...


Adoption of the Civil Code of Lower Canada

The substantive law of the 1866 Civil Code of Lower Canada was derived primarily from the judicial interpretations of the law that had been in force in Lower Canada. The work of the Commission on codification was also inspired by some of the modernizations found in the 1804 Napoleonic code. The structure of the Code was also inspired by the Napoleonic code. At the time of Canadian Confederation for the Province of Quebec the Civil Code of Lower Canada replaced most of the laws inherited from the "Customs of Paris" (La Coutume de Paris) and incorporated some English law as it had been applied in Lower Canada such as the English law of trusts. The former Civil Code was also inspired by the Louisiana Civil Code, the Field Code movement in New York and the law of the Canton de Vaud. 1866 (MDCCCLXVI) is a common year starting on Monday of the Gregorian calendar or a common year starting on Wednesday of the 12-day-slower Julian calendar. ... 1804 was a leap year starting on Sunday (see link for calendar). ... First page of the 1804 original edition The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) was the French civil code, established at the behest of Napoléon I. It was drafted rapidly by a commission of four eminent jurists and entered into force... First page of the 1804 original edition The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) was the French civil code, established at the behest of Napoléon I. It was drafted rapidly by a commission of four eminent jurists and entered into force... We dont have an article called Canadian-confederation Start this article Search for Canadian-confederation in. ... This article describes the Canadian province. ... In law, custom, or customary law consists of established patterns of behaviour that can be objectively verified within a particular social setting. ... Investment trusts are companies that invest in the shares of other companies for the purpose of acting as a collective investment scheme. ... Louisiana is the only U.S. state whose legal system is based in part on civil law, which is based on French and Spanish codes and ultimately Roman law, as opposed to English common law, which is based on precedent and custom. ... NY redirects here. ... The Canton of Vaud is one of the 26 cantons of Switzerland located in the southwestern part of the country. ...


The Revised Civil Code of Québec

In 1955, the Government of Québec embarked on a reform of the Civil Code with the passage of the Act respecting the revision of the Civil Code. The Civil Code Revision Office was then established. Consultations were held on the reports produced by the Office and the committees which were subsequently incorporated into a final report tabled in the Québec National Assembly in 1978 in the form of a Draft Civil Code with commentaries. Extensive consultations occurred during the 1980s when certain parts of the Book on the Law of the Family were adopted. That process of consultation was completed in the early 1990s and the Civil Code of Québec was passed into law on December 18, 1991 coming into effect in 1994. 1955 (MCMLV) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar. ... 1978 (MCMLXXVIII) was a common year starting on Sunday. ... For the band, see 1990s (band). ... In the Gregorian calendar, December 18 is the 352nd day of the year (353rd in leap years), with 13 days remaining until the end of the year. ... 1991 (MCMXCI) was a common year starting on Tuesday of the Gregorian calendar. ...


The Government of Canada undertook a review of all federal laws that deal with private law to ensure that they took into consideration the terminology, concepts and institutions of Quebec civil law and on January 31, 2001, tabled a Bill entitled A First Act to harmonize federal law with the civil law of the province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law. Bold text The Canada wordmark, used by most agencies of the Canadian federal government. ...


The reform process that led to the replacement of the Civil Code of Lower Canada by the Civil Code of Quebec was one of the largest legislative recodification undertakings in any civil law jurisdiction. Civil law or continental law is the predominant system of law in the world. ... In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area...


The Civil Code of Quebec was a complete restatement of the civil law in Quebec as of the date of its adoption including judicial interpretation of codal provisions that include broad privacy and personality rights protection and the adoption of a section on the patrimony of affectation. Privacy is the ability of an individual or group to keep their lives and personal affairs out of public view, or to control the flow of information about themselves. ... Personality rights are generally considered to consist of two types of rights: the right to privacy, or to keep ones image and likeness from being exploited without permission or contractual compensation, and the right to publicity use of ones identity, which is similar to the use of a... In the civil law tradition the patrimony of affectation is a patrimony, or legal entitlement, that can be divided for a purpose, as being distinct from the general patrimony of the person. ...


The philosophy of the new code is made clear in its preliminary provision:


The Civil Code of Québec, in harmony with the Charter of human rights and freedoms and the general principles of law, governs persons, relations between persons, and property.


The Civil Code comprises a body of rules which, in all matters within the letter, spirit or object of its provisions, lays down the jus commune, expressly or by implication. In these matters, the Code is the foundation of all other laws, although other laws may complement the Code or make exceptions to it.


Given its central place in the legal system, the current Civil Code is occasionally amended in order to reflect the evolution of the society. Recent amendments to the Code include a provision for civil union allowing unmarried and same sex couples the opportunity to benefit from legal recognition despite their unmarried status. A civil union is a recognized union similar to marriage. ...


The Civil Code of Quebec comprises over 3000 sections and is structured into major divisions and subdivisions called books, titles, chapters and subsections. It comprises ten books:

  1. Persons
  2. The Family
  3. Successions
  4. Property
  5. Obligations
  6. Prior Claims and Hypothecs
  7. Evidence
  8. Prescription
  9. Publication of Rights
  10. Private International Law

See also

A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. ... Civil law or continental law is the predominant system of law in the world. ... In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming the legal code. ... This article or section does not adequately cite its references or sources. ...

External links

  • Civil Code of Quebec

 
 

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