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UID:20260728T042218EDT-3074m7xCDI@132.216.98.100
DTSTAMP:20260728T082218Z
DESCRIPTION:Each summer\, the Paul-André Crépeau Centre for Private and Com
 parative Law organizes a series of seminars to promote research of student
 s from McGill and elsewhere. Attendance is open to all. For more informati
 on\, email centre.crepeau [at] mcgill.ca.\n\nSpeaker: Philippe April\n\nAs
 k the person nearest to you the following question: if a close family memb
 er loaned you a sum of money\, would you ask them to sign a contract to th
 at effect? Their response should seem nearly automatic\, “of course I woul
 dn’t.” This intuitive answer to a seemingly basic question has ramificatio
 ns if the relationship ever sours\, and either party seeks recourse in Qué
 bec’s civil courts.\n\nThe civil law evidentiary system puts primacy on do
 cumentary evidence as the best possible means of proof in civil litigation
 . The civilian requirement for documents to prove the existence of a contr
 actual obligation gives pause for a notable issue\, how can you produce do
 cuments for a contract validly formed without written proof? This presenta
 tion attempts to tackle these questions in three parts.\n\n\n	First\, the p
 resentation tracks the doctrinal origins of “impossibilité morale” from th
 e French “droit ancient\,” the French Code Civil\, and impossibilité moral
 e’s presence prior to the Québec Civil Code’s revision in 1994.\n	Second\, 
 legislative and doctrinal developments in Québec are analyzed\, as well as
  the scope of the application in Quebec Civil Law by reviewing 46 cases wh
 ere CCQ 2861 was argued since 1991. In doing so\, impossibilité morale is 
 found to apply in three circumstances: family\, de facto relationships\, a
 nd personal relationships approaching the quality of familial relationship
 s.\n	Finally\, impossibilité morale is viewed from a macro perspective\, de
 termining that the expanded application of impossibilité morale is both a 
 sociological phenomenon\, and a pragmatic decision on the part of the legi
 slator. The aim of the article is to clarify the exception’s parameters fo
 r more uniform application\, and for parties to understand when they might
  be able to avail themselves of the exception.\n\n
DTSTART:20210820T153000Z
DTEND:20210820T170000Z
LOCATION:Zoom: https://mcgill.zoom.us/j/86726879890?pwd=TGo0OXA5TnhTUnR5blB
 DeGhoWWM4QT09
SUMMARY:Summer Seminar: Kinship\, Friendship\, Contract: A Survey of Imposs
 ibilité Morale’s Application in Québec Between 1994 and 2018
URL:https://www.mcgill.ca/law/channels/event/summer-seminar-kinship-friends
 hip-contract-survey-impossibilite-morales-application-quebec-between-33242
 9
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