Quebec Civil Law Basics Flashcards

In Quebec, the sale of residential real property is often completed using which instrument, and what is its legal significance?

Answer: A deed of sale (acte de vente) notarized before a notary, which constitutes an authentic act and can be executed directly without court intervention

In Quebec, real property sales are typically concluded by a notarial deed (authentic act) before a notary. An authentic act has a special evidentiary status—it is presumed to be genuine and its content as to what the parties stated is proof against the parties. It can be executed (registered) directly.

Under Quebec civil law, what distinguishes a 'co-ownership by indivision' (copropriété indivise) from a 'divided co-ownership' (copropriété divise)?

Answer: Indivision: all co-owners hold undivided shares in the entire property; divided co-ownership (condominium): each owner holds exclusive title to a private portion and shared title to common areas

Copropriété indivise (CCQ art. 1010) means each co-owner holds an undivided share of the entire property. Copropriété divise (condominium, CCQ art. 1038) allows exclusive ownership of a private portion and co-ownership of common portions. Only divided co-ownership (condominium) can be established for residential use under the CCQ's special regime.

A Quebec court is deciding a case involving a contract between two Quebec businesses with no explicit choice of law clause. The court applies which law?

Answer: The CCQ and Quebec private law as the lex fori, unless conflict of laws rules mandate another jurisdiction's law

Quebec's conflict of laws rules are codified in the CCQ (Book Ten, Private International Law). Absent a choice of law clause, contracts are generally governed by the law of the place of the characteristic performance. A Quebec court applies its own (Quebec) procedural law and, unless conflict rules mandate otherwise, Quebec substantive law.

The Quebec Civil Code recognizes which types of mandates (procuration)?

Answer: Mandate given in anticipation of incapacity (protective mandate) and ordinary mandate, both governed by CCQ arts. 2130–2185 and 2166–2174

Quebec law recognizes ordinary mandate (art. 2130) where one person (mandator) grants authority to another (mandatary) to act on their behalf. It also recognizes the protective mandate (mandat de protection / mandat donné en prévision de l'inaptitude, arts. 2166–2174), allowing a person to designate a mandatary to manage their affairs if they become incapacitated.

In Quebec tort law, which doctrine imposes liability on an employer for harm caused by an employee in the performance of their duties?

Answer: Respondeat superior, codified in CCQ art. 1463

CCQ art. 1463 provides that an employer (commettant) is liable for injury caused by a fault committed by an employee (préposé) in the performance of their duties, unless the employer proves it did not commit a fault in the selection, direction, or supervision of the employee or that the fault was not connected to the duties.

What is the 'abuse of right' (abus de droit) doctrine in Quebec civil law?

Answer: The exercise of a legal right in an excessive, unreasonable, or bad-faith manner that causes injury to another, which can give rise to civil liability under the CCQ

Under CCQ art. 7, rights must be exercised in good faith. The abuse of right doctrine (abus de droit) provides that one who exercises a right in an excessive, unreasonable, or bad-faith manner causing injury to another is liable in civil responsibility. The right is not extinguished, but its abusive exercise attracts liability.