LE CODE CIVIL QUEBECOIS ET LE CODE CIVIL CATALAN

  • Elena Lauroba
Keywords: Civil Code of Quebec, Quebec Model, Civil Code of Catalan

Abstract

Quebec is a jurisdiction of reference for Catalonia. The remarkable similarities between the two jurisdictions in terms of various scenarios and political realities account for their common inclinations. This interest translates into a close relationship on many levels, particularly in the academic sphere. Indeed, at a time when a Catalonian civil code is being considered, Quebec’s civil law solutions are perceived as special guidelines and are some of the materials most frequently consulted and examined at the preliminary stages of the Catalonian codification process. The first part of this article explores the reasons behind the complete codification of Catalonia’s civil matters at the dawning of the 21st century, by describing the legislative panorama of the difficult and unfinished history of codification in Spain. It also hightlights the challenges faced by Catalonia’s lawmakers in “developing” their legal system through a threestep process, namely: the Special Acts, the Sectorial Codes and Act 29/2002 of December 30th, as the first law of the Catalonian Civil Code. The second part of the article identifies certain concepts deeply imbued with Quebec civil law, demonstrating its unmistakable influence on the enactments concerning property, as well as those on trusts, legal entities and estates. It also includes a discussion of the project underway in the realm of family law. Finally, it contains a report on the law of obligations and contracts.

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Published
2010-09-01
Section
Legal Commentary