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Law Reform in Quebec and in the Netherlands

Published online by Cambridge University Press:  21 May 2009

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Extract

The Civil Code of Quebec was enacted in 1866. It codified the then existing law which was largely of French origin. The Code was modelled on the French Civil Code but to the three books into which that Code was divided was added a fourth book dealing with commercial law. In this respect, therefore, the French tradition of a separate commercial code was not followed. The codification was regarded as an affirmation of French legal culture in the face of the growing threat of a penetration by English law. Nevertheless, both in the codification stage and in the subsequent evolution of the law, concessions were made to the English legal system. For instance, the trust was introduced into the Civil Code. Again, the fact that final appeals from decisions of the Quebec courts could be brought before courts which were dominated by English-trained judges contributed to the penetration of English legal concepts.1 For instance, these courts applied English ways of interpreting statutes to the construction of Code provisions. On the whole, Quebec courts tried to resist these tendencies and to preserve as far as possible the French character of the legal system. They were hampered, however, in these efforts because they were compelled to accept the English view that decisions of the superior courts constituted binding precedents.

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Notes and Shorter Articles
Copyright
Copyright © T.M.C. Asser Press 1980

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References

1. To wit, the Supreme Court of Canada, and, until 1949, the Judicial Committee of the Privy Council.

2. Other matters dealt with in book three of the French and Quebec codes have been transferred to the first book on persons (matrimonial property), the second book on property (possession, succession, pledge and mortgage), and a new fourth book on evidence and prescription.

3. Under the chairmanship of Professor Paul A. Crepeau.

4. Office de révision du code civil, rapport sur le code civil de Québec 3 volumes, Québec 1977.Google Scholar

5. The nine books of the new Dutch code deal with: (1) persons and family law, (2) juristic persons, (3) general law of the patrimony, (4) succession, (5) property, (6) general part of the law of obligations, (7) particular contracts, (8) means of traffic and transport, and (9) industrial and intellectual property; the nine books of the Quebec code deal with: (1) persons, (2) family law, (3) succession, (4) property, (5) obligations, (6) evidence, (7) prescription, (8) public recording of rights, and (9) private international law. The Dutch law of evidence has been transferred to the Code of Civil Procedure. In this field, French-inspired strict rules have given way to the liberal tendencies of German law which leaves much freedom to the judge in admitting and evaluating evidence.