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
Contrary to what Vivendi claimed, the judge held that, pursuant to article 3148 (3) of the Civil Code of Quebec
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.
A provision of the Civil Code of Quebec
authorizes the exercise of jurisdiction on these bases.
Article 1474 of the Civil Code of Quebec
defines gross fault as a fault which shows gross recklessness, gross carelessness or gross negligence.
Canada, I suggest that article 976 of the Civil Code of Quebec
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.
Accordingly, she ruled that a "foreign element" was present for purposes of the rules of Quebec private international law and that the bar of the Civil Code of Quebec
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.