Quebec civil law
Quebec Civil Law
A primer for common-law students.
Quebec is the only Canadian jurisdiction whose private law derives from the civil-law tradition. The Civil Code of Quebec (CCQ) is its central instrument — a comprehensive codification covering persons, family, successions, property, obligations, and security. Public law in Quebec remains rooted in the common-law tradition.
Quebec v A (2013) illustrates the distinct shape of Quebec family law: spousal support and matrimonial-property regimes are not extended to de facto cohabitants by default. Subsequent Quebec legislation (Bill 56, 2024) introduced the parental union regime for cohabiting parents.
Key principles
- Civil-law traditionCodified law as primary source; doctrine and jurisprudence as secondary.
- CCQ structurePersons; family; successions; property; obligations; prior claims and hypothecs; evidence; prescription; private international law.
- Two solitudesPublic law largely common-law; private law civilian. SCC reads them in dialogue.