Quebec Civil Code

Quebec Civil Code

(Canada) the code of law applying in civil matters in the Canadian province of Quebec. The British conquest of Nouvelle-France in 1760 marked the beginning of the difficulty of running two different legal systems together. Even immediately after conquest, it was accepted in the capitulation of Montreal that the French civil law should apply until altered fully in compliance with the accepted view in the English system in relation to its colonies. The French law was subordinated by the proclamation of 1763, but the Quebec Act 1774 reinstated French civil law (but maintained English criminal law). The Civil Code of Lower Canada became law in 1866 and was closely modelled on the NAPOLEONIC CODE.
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Peter Russell, political scientist and constitutional scholar at the University of Toronto, taking on the view that Federal Court experience is always an asset, points out that a Federal Court judge who may not have dealt with the Quebec Civil Code for many years would "have the potential to overturn decisions by [Quebec Court of Appeal] jurists whose everyday life in the law is in Quebec.
The Quebec Civil Code contains the same principles pertaining to property that are set out in the French Code provisions cited above:
THE PROVINCE OF QUEBEC has officially recognized the customary rules of adoption of the First Nations and Inuit with a bill tabled June 13 at the National Assembly to modify the Quebec Civil Code.
In the district court, Defendant submitted the affidavit of a Canadian attorney and argued that the Quebec court properly exercised jurisdiction under Article 3136 of the Quebec Civil Code.
The pedagogical question facing the class is whether the new provisions in the Quebec Civil Code proved to be a panacea.
Justice Minister Paul Begin has said that his redefinition in the Quebec Civil Code was his greatest achievement, of which he is "most proud.
The Quebec Civil Code as originally enacted reflected the basic values of 19th century Quebec.
On the occasion of a teaching engagement I undertook in Germany a little over ten years ago, Reiner Schulze, the executive editor of the then soon-to-be-established Zeitschrift fur Europaisches Privatrecht and current director of the Institut fur Deutsche und Europaische Rechtsgeschichte of the Westfalische Wilhelms-Universitat, in Munster, invited me to contribute a brief text in English on the new Quebec Civil Code (which was just about to come into force on 1 January 1994).
But he seemed to think that marriage being a federal jurisdiction, the changes in the Quebec Civil Code would have little legal weight.
In this context, the term 'civil law' does not refer to the distinction between the common-law tradition and the Quebec Civil Code.
Earlier, Quebec Justice Lebel, in the first stage of the Daigle case, had held that it was difficult to deny that the fetus was part of the human family; sections of the Quebec Civil Code, he noted, authorized the appointment of "curators" for children conceived but not yet born.
One is the top down system of Roman Law, prevalent in the countries of Southern Europe that once were part of the Roman Empire, reaching Canada through France in the Quebec Civil Code.
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