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Civil Code of Quebec
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Civil Code of Quebec
The Civil Code of Quebec (CCQ; French: Code civil du Québec, pronounced [kɔd sivil dy kebɛk]) is the civil code in force in the Canadian province of Quebec, which came into effect on January 1, 1994. It replaced the Civil Code of Lower Canada (French: Code civil du Bas-Canada) enacted by the Legislative Assembly of the Province of Canada in 1865, which had been in force since August 1, 1866.
The Civil Code of Quebec governs a number of areas affecting relations between individuals under Quebec law. It deals with the main rules governing the law of persons, the family, succession, property and civil liability. It also contains rules of evidence in civil matters and Quebec private international law.
As summarized in its preliminary provision, the Civil Code of Quebec is a codification of the basic principles of laws, or jus commune, applicable to all people and property in Quebec and their respective relationships to each other. The Code, with some limited statutory exceptions, stands alongside the Quebec Charter of Human Rights and Freedoms as the foundation of all other laws in the province.
As the cornerstone of Quebec's legal system, the Civil Code is frequently amended in order to keep in step with the demands of modern society.
The Civil Code of Quebec comprises over 3,000 articles and is structured into major divisions and subdivisions called books, titles, chapters and subsections. The Code is made up of ten books:
Articles of the code are numbered in sequential order (1, 2, 3...) across all books, going up to Article 3168. Articles inserted in-between are numbered with a decimal (1, 1.1, 2, 3...). Articles with multiple paragraphs do not have the paragraphs individually numbered.
The Code restatement of the civil law in Quebec as of the date of its adoption, including judicial interpretation of codal provisions, that included several significant changes from the former Code:
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 to that date in Lower Canada. The work of the Commission on codification was also inspired by some of the modernizations found in the 1804 Napoleonic Code. At the time of Canadian Confederation, the Civil Code of Lower Canada replaced most of the laws inherited from the Custom of 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 Civil Code of the Canton of Vaud (1819).
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Civil Code of Quebec
The Civil Code of Quebec (CCQ; French: Code civil du Québec, pronounced [kɔd sivil dy kebɛk]) is the civil code in force in the Canadian province of Quebec, which came into effect on January 1, 1994. It replaced the Civil Code of Lower Canada (French: Code civil du Bas-Canada) enacted by the Legislative Assembly of the Province of Canada in 1865, which had been in force since August 1, 1866.
The Civil Code of Quebec governs a number of areas affecting relations between individuals under Quebec law. It deals with the main rules governing the law of persons, the family, succession, property and civil liability. It also contains rules of evidence in civil matters and Quebec private international law.
As summarized in its preliminary provision, the Civil Code of Quebec is a codification of the basic principles of laws, or jus commune, applicable to all people and property in Quebec and their respective relationships to each other. The Code, with some limited statutory exceptions, stands alongside the Quebec Charter of Human Rights and Freedoms as the foundation of all other laws in the province.
As the cornerstone of Quebec's legal system, the Civil Code is frequently amended in order to keep in step with the demands of modern society.
The Civil Code of Quebec comprises over 3,000 articles and is structured into major divisions and subdivisions called books, titles, chapters and subsections. The Code is made up of ten books:
Articles of the code are numbered in sequential order (1, 2, 3...) across all books, going up to Article 3168. Articles inserted in-between are numbered with a decimal (1, 1.1, 2, 3...). Articles with multiple paragraphs do not have the paragraphs individually numbered.
The Code restatement of the civil law in Quebec as of the date of its adoption, including judicial interpretation of codal provisions, that included several significant changes from the former Code:
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 to that date in Lower Canada. The work of the Commission on codification was also inspired by some of the modernizations found in the 1804 Napoleonic Code. At the time of Canadian Confederation, the Civil Code of Lower Canada replaced most of the laws inherited from the Custom of 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 Civil Code of the Canton of Vaud (1819).
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