Civil code of Quebec

The Civil code of Quebec (CcQ) is the principal legislative text governing the Civil law with the Quebec. Adopted in 1991, it came into effect the first January 1994. It then replaced the Civil code of the Low-Canada, which had been into force since 1866. Being given its central place within the legal system of civil law, the civil code is the subject of amendments régulièment, several times per year, thus reflecting the evolution of the company.

Definition

The civil code describes itself in the following way in its preliminary provision:

The Civil code of Quebec governs, in harmony with the Charte of the rights and freedoms of the person and the general principles of the right, the people, the relationship between the people, as well as the goods.

the code consists of a whole of rules which, in all matters to which are referred the letter, the spirit or the object of its provisions, establishes, in express terms or in an implicit way, the common right. In these matters, it constitutes the base of the other laws which can themselves add to the code or to derogate from it.

History

At the time of the News-France, Canada was governed according to the French right, in particular the Coutume of Paris. After the British Conquest, the royal Proclamation of 1763 abolished the French right and imposed the English right. However, in 1774, by the Act of Quebec, the British Parliament restored the French civil law, while maintaining the right criminal British, thus creating in Quebec the double legal system which exists still today.

In 1865, the Parliament of Canada adopted the Civil code of Low-Canada, which came into effect on July 1st 1866. The provisions of this coding were inspired in particular by legal interpretations by the right which had been into force in Low-Canada as well as Civil code French. The Code codified and replaced thus the essence of the right inherited the Coutume of Paris and integrated some elements of English right which had been applied to the Low-Canada.

In 1955, the Gouvernement of Quebec undertook a reform of the civil code, by adopting the Law on the revision of the civil code and by creating the Office of revision of the civil code. A final report was submitted to the National Assembly of Quebec in 1978. Certain provisions concerning the right of the family were adopted and put into force during the years 1980. The whole of the Civil code of Quebec was adopted on December 8th, 1991 and it came into effect on January 1st, 1994.

The legal provisions governing the transition between the Civil code from Low-Canada and the Civil code from Quebec are primarily in the Loi on the application of the reform of the Civil code .

The Civil code of Quebec contains: 3168 articles and is organized in divisions and subdivisions called books, titles, chapters and sections.

It includes/understands ten books:

Of the people
Of the family
Of the successions
Of the goods
Of the obligations
Of the priorities and the mortgages
Of the proof
Of the regulation
Of the publicity of the rights
Of the private international law

See too

Civil code - Civil codes of various countries
Code of civil procedure of Quebec

External bond

Ministry for the Justice of Quebec

Justice Quebec

Publications of Quebec - full text

Civil code of Quebec

Payments adopted under the terms of the Civil code of Quebec

Payments of the CCQ

Random links:

Civil code of Quebec

Definition

History

Contents

See too

External bond