Introduction to Civil Law PDF

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Lecture notes on Civil Law...

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Introduction to Civil Law The civil law tradition. 1) Written: civil codes contain a comprehensive statement of rules. 2) Many are framed as broad, general principles to deal with any dispute that may arise. 3) Unlike common-law courts, courts in a civil-law system first look to a civil code, then refer to previous decisions to see if they're consistent. The term “civil law” is used to mean two quite different things: 1) used in contrast to “common law” to refer to the legal system that is based on civil code (such as the Justinian code or the Civil Code of Quebec). 2) refers to matters of private law as opposed to public law (particularly criminal law, which is concerned with harm to society at large). Bijuralism Co-existence of two legal traditions (civil law and common law) in Canada. This coexistence found its first formal expression in the Quebec Act, 1774. After the Battle of Quebec in 1759, the country fell under English common law, except for Quebec, which follows civil law. The division of powers found in the Constitution Act, 1867 confirmed this coexistence by expressly providing at subsection 92(13) that, outside the federal heads of power found under section 91, “Property and Civil Rights in the Province” fall within the exclusive jurisdiction of the provinces. This broad residuary power over property and civil rights in the province is exercised in Quebec in a civil law environment whereas, elsewhere in Canada, this power is set in a common law environment....