Book contents
- Frontmatter
- Contents
- List of contributors
- Acknowledgements
- List of abbreviations
- Introduction
- 1 The civil law in European codes
- 2 ‘A token of independence’: debates on the history and development of Scots law
- 3 The Scottish civil code project
- 4 Scots law in Europe: the case of contract
- 5 Scottish property: a system of Civilian principle. But could it be codified?
- 6 ‘… Quae ad ius Cathalanicum pertinet’: the civil law of Catalonia, ius commune and the legal tradition
- 7 The codification of Catalan civil law
- 8 Unification of the European law of obligations and codification of Catalan civil law
- 9 From revocation to non-opposability: modern developments of the Paulian action
- 10 Epistle to Catalonia: romance and rentabilidad in an anglophone mixed jurisdiction
- 11 Estonia and the new civil law
- 12 The positive experience of the Civil Code of Quebec in the North American common law environment
- 13 From the code civil du bas Canada (1866) to the code civil Quebecois (1991), or from the consolidation to the reform of the law: a reflection for Catalonia
- 14 The evolution of the Greek civil law: from its Roman–Byzantine origins to its contemporary European orientation
- Index
13 - From the code civil du bas Canada (1866) to the code civil Quebecois (1991), or from the consolidation to the reform of the law: a reflection for Catalonia
Published online by Cambridge University Press: 30 July 2009
- Frontmatter
- Contents
- List of contributors
- Acknowledgements
- List of abbreviations
- Introduction
- 1 The civil law in European codes
- 2 ‘A token of independence’: debates on the history and development of Scots law
- 3 The Scottish civil code project
- 4 Scots law in Europe: the case of contract
- 5 Scottish property: a system of Civilian principle. But could it be codified?
- 6 ‘… Quae ad ius Cathalanicum pertinet’: the civil law of Catalonia, ius commune and the legal tradition
- 7 The codification of Catalan civil law
- 8 Unification of the European law of obligations and codification of Catalan civil law
- 9 From revocation to non-opposability: modern developments of the Paulian action
- 10 Epistle to Catalonia: romance and rentabilidad in an anglophone mixed jurisdiction
- 11 Estonia and the new civil law
- 12 The positive experience of the Civil Code of Quebec in the North American common law environment
- 13 From the code civil du bas Canada (1866) to the code civil Quebecois (1991), or from the consolidation to the reform of the law: a reflection for Catalonia
- 14 The evolution of the Greek civil law: from its Roman–Byzantine origins to its contemporary European orientation
- Index
Summary
Introduction
The following pages explain why private law was codified in the territory which we know today as Quebec, and how and why the task of recodification was approached over one hundred years later. Quebec's experience is interesting because, on the one hand, it was successful and it is contemporary, and, on the other hand, because the political and social situation of Quebec is similar to that of Catalonia, and therefore it can serve us as a model of comparative law. Both nations have acknowledged competence in civil law matters, but neither of them has full competence (artt. 92.12 and 13 of the British North American Act, and art. 149.1.8 of the Spanish constitution (CE)).
An analysis should allow one to discuss the feasibility of the codification technique, which Catalonia has also chosen recently, and debate how a modern codification should be approached. Basically, should the law that we now have and know be consolidated? Or should we break with the previous law? But before answering these questions, it may perhaps be convenient to ask ourselves about the suitability of civil codes as instruments for modernising law.
In Quebec, codification was successfully handled on two separate occasions, the last in 1994. The code symbolises a different culture and society in North America, dominated for the most part by Common Law which, historically, has tended to phagocytise the droit civil.
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- Regional Private Laws and Codification in Europe , pp. 267 - 287Publisher: Cambridge University PressPrint publication year: 2003
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