The Civil Code of Lower Canada (Code civil du Bas-Canada) was a law that was in effect in Lower Canada on 1 August 1866 and remained in effect in Quebec until repealed and replaced by the Civil Code of Quebec on 1 January 1994. The Code replaced a mixture of French law and English law that had arisen in Lower Canada since the creation of the British Province of Quebec by the Royal Proclamation of 1763, as modified by the Quebec Act in 1774.
From 1608 to 1664, the first colonists of New France followed the customary law (coutume) in effect for their province of origin in France. In 1664, the King of France decreed in Article 33 of the decree establishing the French West India Company (l'Édit d'établissement de la compagnie des Indes occidentales) that the Custom of Paris would serve as the main source of law throughout New France. Later, authorities went on to add le droit français de la métropole, that is, French law. This included royal decrees and ordinances (ordonnances royales), canon law relating to marriages, and Roman law relating to obligations, e.g., contracts and torts. Also in force were the ordinances issued by Royal Intendants (ordonnances des intendants) and the orders and judgments handed down by the Conseil supérieur.
The Royal Intendant was responsible for administering justice in the colony, and lawyers were barred from practicing in the colony. Most disputes were resolved by local notaries or local parish priests through arbitration in a manner much as had been done in ancient Rome. While the reliance on feudal French law meant that New France was divided into fiefs (seigneuries), the manorial lords (or seigneurs) were not entitled to the same judicial discretion in New France as they had in France; as it was, all criminal jurisdiction went to the Intendant. Therefore, while the Custom of Paris was the law of New France, there were few resources available for colonists to actually enforce that law.
Following France's relinquishment of Canada in favour of Guadeloupe in the Treaty of Paris, Canada came under British law.
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A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more mutually agreeing parties. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. A binding agreement between actors in international law is known as a treaty.
Quebec (k(w)ɪˈbɛk ; kwəˈbɛk ; Québec kebɛk) is one of the thirteen provinces and territories of Canada. It is the largest province by area and the second-largest by population. Much of the population of Quebec lives in urban areas along the St. Lawrence River, between its most populous city, Montreal, and the provincial capital, Quebec City. The province is the home of the Québécois nation.
A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code. The history of codification dates back to ancient Babylon. The earliest surviving civil code is the Code of Ur-Nammu, written around 2100–2050 BC.
The course covers the fundamental concepts of business law from a practical standpoint, including contracts and company law, intellectual property, competition law and data protection, with a special