STARE DECISIS AT COMMON LAW AND UNDER THE CIVIL CODE OF QUEBEC
AbstractOne main contrast between the common and civil systems of law is their approach to precedent. To initiate a deeper understanding of both systems, the author undertakes a comparative analysis of the doctrine of stare decisis in each, first by reviewing the basic relationship between the parent legal systems on which the laws of Quebec and the laws of the other provinces are based. The modifications produced by transferring of English and French traditions to the Canadian system are evaluated, and the merits and demerits of the subsequent rules are critically examined in light of the abolishment of appeals to the Privy Council.
Keywords:Civil Law, Common Law, Quebec
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