Quebec Civil Code

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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.
References in periodicals archive ?
11) His point of departure is the recodification of Quebec civil law in the second half of the twentieth century, culminating in the adoption of the Civil Code of Quebec in 1991 (entry into force in January 1994).
As stated above, necessity jurisdiction was adopted in Canada under article 3136 of the Civil Code of Quebec, 1991.
Contrary to what Vivendi claimed, the judge held that, pursuant to article 3148 (3) of the Civil Code of Quebec ("C.
The equality issue was whether excluding de facto (common law) spouses from the Civil Code of Quebec provisions that mandate property sharing and spousal support when either a marriage or civil union breaks down violates section 15(1) of the Canadian Charter of Rights and Freedoms ("Charter").
Under the 1991 Civil Code of Quebec, article 1376 provides: "The rules set forth in this Book apply to the State and its bodies, and to all other legal persons established in the public interest, subject to any other rules of law which may be applicable to them.
Article 1474 of the Civil Code of Quebec defines gross fault as a fault which shows gross recklessness, gross carelessness or gross negligence.
The Civil Code of Quebec codifies Quebec's private law, but its public law and court system are based on common law.
The court held that the legal distinction between married couples and those in de facto relationships, which excludes the latter from the protections set out in the Civil Code of Quebec in the event that the relationship ends, is not discriminatory under article 15(1) of the Canadian Charter of Rights and Freedoms.
There is added case law, commentary and a concordance of the inner relationship of the new Civil Code of Quebec, which became effective January 1, 1994, with the old code.