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Canadian Bijuralism At A Crossroad? The Impact Of Section 8.1 Of The Interpretation Act On Judicial Interpretation Of Federal Legislation, Aline Grenon
Osgoode Hall Law Journal
Section 8.1 of the Interpretation Act affirms the equal authority of the common law and civil law in the field of property and civil rights. The section states, subject to two exceptions, that federal enactments based on rules and concepts that are part of the law of property and civil rights are to be interpreted in accordance with these rules and concepts. Prior to the enactment of section 8.1 in 2001, courts had a tendency to opt for a uniform application of federal legislation based on common law concepts, with often negative results for Quebec civil law. Since then, the …
Réflexions Sur La Codification Du Droit Privé, Paul-A. Crepeau
Réflexions Sur La Codification Du Droit Privé, Paul-A. Crepeau
Osgoode Hall Law Journal
Within the framework of a broader research into the sources of the civil law of obligations, the author starts, here, from the historical fact that, on the one hand, the private law of Québec constitutes, since 1866, and contrary to the common law, an essentially legislated system, in the form of a Civil Code enacted in the French civilian tradition, and that, on the other hand, that form was maintained in the 1994 new Civil Code of Quebec. In reflecting on the method of codification, on the basis of various definitions of the term code, the author presents and analyzes …