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The Civil Code of Lower Canada (French: Code civil du Bas-Canada) was a law that was in effect in Lower Canada on 1 August 1866 and remained in effect in Quebec until repealed and replaced by the Civil Code of Quebec on 1 January 1994.
The Supreme Court of Canada in Ottawa, west of Parliament Hill. The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), [1] [2] and Indigenous law systems [3] developed by the various Indigenous Nations.
In 1866, the Parliament of the Province of Canada enacted the Civil Code of Lower Canada. [23] This Civil Code applied only in Lower Canada, which a year later became the Province of Quebec. The Code was comprehensive and covered all areas of private civil law. The Code was largely based on and inspired by the Napoleonic Code of 1804.
It replaced the Civil Code of Lower Canada (French: Code civil du Bas-Canada) enacted by the Legislative Assembly of the Province of Canada in 1865, which had been in force since August 1, 1866. The Civil Code of Quebec governs a number of areas affecting relations between individuals under Quebec law. It deals with the main rules governing the ...
A Select Committee of the House of Commons on the Civil Government of Canada was appointed on May 2, 1828 "to enquire into the state of the civil government of Canada, as established by the Act 31 Geo. III., chap. 31, and to report their observations and opinions thereupon to the house." It reported on July 22 of the same year.
In 1866, the Civil Code of Lower Canada was drafted to modernize and codify the legal system in place for Lower Canada, creating a coherent compilation of the various laws in effect in the territory in both English and French. [1] Under the terms of the Code, foreign women automatically acquired the nationality of their spouse upon marriage. [13]
In Canada, the rules of civil procedure are administered separately by each jurisdiction, both federal and provincial. Nine provinces and three territories in Canada are common law jurisdictions. One province, Quebec, is governed by civil law. [1] In all provinces and territories, there is an inferior and superior court. [1]
The history of codification dates back to ancient Babylon.The earliest surviving civil code is the Code of Ur-Nammu, written around 2100–2050 BC.The Corpus Juris Civilis, a codification of Roman law produced between 529 and 534 AD by the Byzantine emperor Justinian I, forms the basis of civil law legal systems that would rule over Continental Europe.