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Forming The Feature As Mixed Law, The Civil Procedure In Quebec

Posted on:2013-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2246330374474497Subject:Legal history
Abstract/Summary:PDF Full Text Request
Quebec, as one of the main mixed jurisdiction areas in the world, itsLaw of civil procedure was labeled “the mixture of three cultures”.Thisresult could be concluded in the following statements: in the prospectof history, it was deeply influenced by French and British legal tradition,while geographically observed, mainly the developed American Law andother factors also contributed to this diversity in modern times. Thecivil procedure of Quebec could be traced back to the Grande Ordonnancede1667in the era of New France,which was still applicable under theBritish colony for a long time.The Quebec’s attitude of favoring Frenchthan British profoundly influenced the codification in the middle of19thcentury.The first code of civil procedure was published in1866.With theCivil Code of Quebec published in the same year, it contributed to "onecountry, two legal systems" in Canada.The common law prevailed in wholeCanada except Quebec. Although the public law in Quebec mainly was commonlaw, there is a civil code boasting obvious civil law tradition.Surrounded by such legal environment, the code of civil procedure hasundergone three important reforms in the past.Nowadays, It appeared acompletely new code in comparison to the first one. However, the feature as a mixture stands still.
Keywords/Search Tags:Mixed Jurisdiction, Code of Civil Procedure, NewFrance, Lower Canada Quebec
PDF Full Text Request
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