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The civil law system of the Province of Quebec: notes, cases, and materials
Jean Gabriel Castel
Affichage d'extraits - 1962
Maxims of the civil law: essays in the evolution of law
Walter Seely Johnson
Affichage d'extraits - 1929
The Scope and Interpretation of the Civil Code of Lower Canada
Frederick Parker Walton
Affichage du livre entier - 1907
abolishes according adopted age of majority alienation allowed amendment annulling apply arrears Article 812 ary executors ascendants authentic Bed and Board benefit of inventory bequeathed buyer Civil Code Code Napoleon common wall contracts of marriage convenience creditor debt debtor declares deed contains disposal of property domicile donor enacts English form equitable favor formalities former law formerly French Code full age gifts Gifts inter vivos heirs husband hypothec immoveable property immoveables incestuous or adulterine intended lease legacies legatee lex fori liable life-rent limited longer Lower Canada matter of prescription minors moveable property negative prescription null obligation old law required old rule payment prescribed prescription by thirty provides real property reason regards registered renders rent restriction right of redemption sake of uniformity sale for non-payment simplicity and uniformity simplifies the law subrogations substitute succession sufficient supplies a deficiency testator thing third parties tion uniform rule unless the deed wife
Page 37 - The acceptance may be either express or implied. 2548. [On an accepted abandonment of the ship, the freight earned after the loss belongs to the insurer of the ship ; that earned previously to the loss belongs to the ship-owner or to the insurer on freight to whom it is abandoned.] 2.549.
Page 22 - Ibid., s. 9. [III. 189.] [The right of the vendor to take back an immoveable sold, in the case of non-payment of the price, does not affect subsequent purchasers who have not subjected themselves to such right, unless the deed in which it is stipulated has been registered as in ordinary cases : nevertheless the vendor in this matter as well as for securing the price has all the advantage of the delay of thirty days...
Page 10 - A will can not be executed before notaries who are related or allied to the testator or to each other, in the direct line, or in the degree of brothers, uncles, or nephews. The witnesses, however, may be related or allied to the testator, to the notary, or to one another.
Page 18 - ... 1. Any prescription entirely acquired under a foreign law, when the cause of action did not arise or the debt was not stipulated to be paid in Lower Canada, and such prescription has been so acquired before the possessor or the debtor had his domicile therein ; 2.
Page 28 - Universal legatees and legatees by general title cannot, after acceptance, free themselves from personal liability for the debts and legacies imposed upon them by law or by the...
Page 11 - ... interests cannot be affected, by the presumed knowledge and integrity of the tutors or curators appointed to represent them, and by the recourse which they have against these representatives. Thus, article 301 declares that minors are not relievable from the acceptance or renunciation of successions ; but in order to protect them, on the other hand, it provides that tutors shall no longer accept or renounce successions for their pupils, without judicial authorization and the advice of a family...
Page 24 - This insanity must hewever be established witheut delay, by interdiction ; and article 143 declares that any such opposition falls to the ground, without any demand for its dismissal, if it is not followed up with the necessary formalities and within the delays prescribed by the Code of Civil Procedure. Articles 157 and 158 subject officers solemnizing marriage to a penalty not exceeding five hundred dollars, for any infringement of the rules by which the law requires them to be governed. In the...
Page 18 - The articles to be next explained are these which tend to produce greater simplicity, uniformity, or facility, in the matter of prescriptions. As regards the prescription of moveables and personal actions under our former law, different rules obtained. In commercial matters the English rule governed, by which they were subjected to the lex fori ; in all other matters the French rule prevailed, which subjected them to the law of the domicile of the debtor or the possessor. Then as to the admissibility...
Page 9 - The sale of debts and rights of action against third persons, is perfected between the seller and buyer by the completion of the title, if authentic, or the delivery of it, if under private signature.
Page 17 - ... 2261. The following actions are prescribed by two years : — " 1. For seduction, or lying-in expenses ; " 2. For damages resulting from offences or quasioffences, whenever other provisions do not apply ; " 3. For wages of workmen not reputed domestics and who are hired for a year or more ; " 4 . For sums due schoolmasters, and teachers, for tuition, and board and lodging furnished by them.