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Private and Comparative Law Projects

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Civil Law Treatise Collection

Following the Civil Code Project's presentation [1] to the National Assembly (June 20, 1978), the Paul-André Crépeau Centre for Private and Comparative Law (formerly the Quebec Research Centre of Private & Comparative Law) launched the Civil Law Treatise collection with a view to promoting Quebec's Civil Law. Under the direction of emeritus professor Paul-André Crépeau, a group of jurists and research scholars came together to work on the Centre’s Treatise collection and produce scholarly writings designed to expose, in a systematic and thorough manner, the fundamental institutions of Quebec’s private law.

This collection has given several legal experts and specialists the opportunity to methodically expose the state of Quebec’s private law at a time of significant legislative reforms and of dynamic judicial decision-making. The collection is one of the important contributions to Quebec’s emerging body of legal doctrine, as is illustrated by these latest editions:

[1] "Civil Code project", in Civil Code Report, 2 vol., Québec, Éditeur officiel du Québec, 1978, vol. 1 Civil Code project.

Codification of Civil Law

Civil Code 1866-1980: An Historical and Critical Edition and the 1980-1983 Supplement

Listing the entire legislative history of each article of the Civil Code of Lower Canada since its coming into force in 1866, An Historical and Critical Edition of the Civil Code was publiched in the early 1980s. The text illustrates the evolution of the code by assembling the various legislative enactments that shaped it, from August 1st 1866 to 1980. It is enriched by observations of the difficulties of application and interpretation of many of the Code’s provisions.

The enthusiastic reception given to this work demonstrates its status as an essential reference tool for the critical assessment of the Civil Code’s legislative history. A cumulative supplement was published, covering the period of July 1st 1980 to June 30th 1983, thereby including important modifications pertaining to Family Law resulting from the adoption of Book II of the Civil Code of Québec. To date, no work covers the period of June 30th 1983 to January 1st 1994.

Civil Code of Québec : A Critical Edition

The Critical Edition of the Civil Code of Québec, prepared under the direction of Nicholas Kasirer and Jean-Maurice Brisson, extends the tradition begun by the Civil Code 1866-1980: An Historical and Critical Edition. This work is founded on the conviction that the legislative bilingualism of Quebec Civil law is a distinctive feature of Quebec legal culture that deserves to be championed. Through their contribution, the authors hope demonstrate how the two voices of Quebec’s jus commune in private law are inextricably linked in their shared expression of the law in the Code.

On a more practical level, this edition is most useful as a record of the discrepancies between the French and English versions of the Code. For each article, it alerts readers to the presence of formal and substantive discordance. This edition of the Civil Code is enriched with appendices to guide users in the application and interpretation of Quebec’s Civil law.