LES ARTICLES 1459 A 1469 C.C.Q. ET LA RESPONSABILITE CIVILE CONTRACTUELLE: PLAIDOYER EN FAVEUR D'UNE THESE DITE RESTRICTIVE
AbstractSince the Civil Code prohibits a party to a contract from opting out of the contractual regime so as to base a claim against a co-contractor on extracontractual grounds, it is necessary to determine the domain of contractual liability in a more systematic fashion . This article addresses one of the first controversies in the new law, that is the thrust of articles 1459 to 1469 C.C.Q. dealing with liability for damage caused by persons or by things. The question is whether the provisions are limited to the extra-contractual regime of liability or whether they also apply in the contractual setting. The author argues for limiting their application to non-contractual liability. Firstly, she considers the wording of the law and notes the arguments based on this approach can support either side of the controversy. Secondly, she seeks to ascertain the intention of the legislator on this question. In light of the objectives underlying the reform of the Civil Code the author concludes that the scope of these provisions ought to be restricted to the extra-contractual regime.
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