Civil Code of Quebec
| Civil Code of Quebec | |
|---|---|
 |
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| National Assembly of Quebec | |
| Citation | SQ 1991, c. 64 |
| Date of Royal Assent | 18 December 1991 |
| Date commenced | 1 January 1994 |
| Legislative history | |
| Bill citation | Bill 125 (34th Legislature, 1st session) |
| Introduced by | Gil Rémillard, Minister of Justice |
| First reading | 18 December 1990 |
| Second reading | 4 June 1991 |
| Third reading | 18 December 1991 |
| Repealing legislation | |
| Civil Code of Lower Canada | |
| Related legislation | |
| An Act respecting the implementation of the reform of the Civil Code (SQ 1992, c. 57) | |
The Civil Code of Quebec (CCQ, French: Code civil du Québec) is the civil code in force in the province of Quebec, Canada, 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 July 1, 1866.
The Code's scope is summarized in its preliminary provision:
The Civil Code of Québec, in harmony with the Charter of human rights and freedoms (chapter C-12) and the general principles of law, governs persons, relations between persons, and property.
The Civil Code comprises a body of rules which, in all matters within the letter, spirit or object of its provisions, lays down the jus commune, expressly or by implication. In these matters, the Code is the foundation of all other laws, although other laws may complement the Code or make exceptions to it.
The Civil Code is in essence a body of rules and regulations that, in all matters treated by or in the spirit or vein of its provisions, sets forth the jus commune, or the law that applies to all of Quebec, either in express or implied terms. For the matters handled by the Code, it acts as the foundation of all other adjacent laws, although other laws may supplement the Code or make exceptions to it.
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:
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 law of the Canton de Vaud.
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