NCA Quebec Civil Law Basics 1 — Questions and Answers
Question 1: The Civil Code of Québec (CCQ) came into force in which year, replacing the Civil Code of Lower Canada?
- 1867
- 1994 (Correct answer)
- 1982
- 2002
Correct answer: 1994
The Civil Code of Québec came into force on January 1, 1994, replacing the Civil Code of Lower Canada (1866). It modernized Quebec's private law, covering persons, family, property, obligations, and civil liability.
Question 2: In Quebec civil law, the contract of sale is governed by which articles of the CCQ, and what is the vendor's primary obligation?
- Articles 1708–1784; the vendor must deliver the property and warrant ownership (Correct answer)
- Articles 2098–2129; the vendor must provide quality workmanship
- Articles 2319–2366; the vendor must register the sale
- Articles 1590–1625; the vendor must provide reasonable notice before completion
Correct answer: Articles 1708–1784; the vendor must deliver the property and warrant ownership
Sale is governed by CCQ articles 1708–1784. The vendor's primary obligations are to transfer ownership, deliver the property, and warrant against eviction (ownership warranty) and hidden defects (legal warranty of quality).
Question 3: Under the CCQ, what is the legal warranty against latent defects (vices cachés) in a contract of sale?
- The vendor warrants that the property is free of defects that would have prevented the buyer from purchasing it or would have resulted in a lower price if known, and that the vendor did not know of the defects at the time of sale (Correct answer)
- The vendor is liable only for defects that were caused by the vendor's negligence after the sale
- The buyer waives all defect claims by purchasing the property 'as is'
- The warranty only applies to immovable (real) property, not movables
Correct answer: The vendor warrants that the property is free of defects that would have prevented the buyer from purchasing it or would have resulted in a lower price if known, and that the vendor did not know of the defects at the time of sale
Under CCQ art. 1726, the vendor is bound to warrant the buyer that the property and its accessories are free of latent defects that would have caused the buyer not to buy or pay a lower price. The warranty applies to both movables and immovables, though parties may contractually limit it.
Question 4: In Quebec, which doctrine governs the extinction of obligations over time, and what is the general prescription period for personal actions under the CCQ?
- Limitation of actions; 6 years
- Prescription (prescription extinctive); 3 years for personal actions under CCQ art. 2925 (Correct answer)
- Laches; variable depending on the circumstances
- Res judicata; 10 years after final judgment
Correct answer: Prescription (prescription extinctive); 3 years for personal actions under CCQ art. 2925
Quebec uses 'prescription' (not limitation of actions) to describe the time-barring of rights. CCQ art. 2925 establishes a 3-year prescription period for personal actions (civil liability, contract claims). Real rights and hypothecs have their own periods.
Question 5: The Quebec Charter of Human Rights and Freedoms (CQLR, c. C-12) differs from the Canadian Charter in which significant way?
- The Quebec Charter only applies to criminal proceedings
- The Quebec Charter applies to both government action and private relationships, making it a quasi-constitutional instrument with broader private law reach (Correct answer)
- The Quebec Charter does not protect freedom of expression
- The Quebec Charter can only be invoked before the Quebec Court of Appeal
Correct answer: The Quebec Charter applies to both government action and private relationships, making it a quasi-constitutional instrument with broader private law reach
The Quebec Charter of Human Rights and Freedoms applies to both public and private actors (subject to certain limitations). As a quasi-constitutional statute, it prevails over other Quebec legislation unless that legislation expressly provides otherwise. This is a key distinction from the Canadian Charter.
Question 6: In Quebec civil law, 'extra-contractual liability' (delictual liability) is governed by which provision of the CCQ, and what is the general standard?
- CCQ art. 1457; every person has a duty to abide by the rules of conduct which are incumbent on them under the circumstances, and is liable for any injury caused by fault (Correct answer)
- CCQ art. 1590; liability requires proof of intent to cause harm
- CCQ art. 2803; liability requires written proof of the defendant's fault
- CCQ art. 300; only legal persons can be held liable in delict
Correct answer: CCQ art. 1457; every person has a duty to abide by the rules of conduct which are incumbent on them under the circumstances, and is liable for any injury caused by fault
CCQ art. 1457 is the general delictual liability provision: every person has a duty to abide by applicable rules of conduct and is liable for injury caused by their fault to another person. It encompasses intentional and unintentional fault.
NCA Quebec Civil Law Basics 1
The Civil Code of Québec (CCQ) came into force in which year, replacing the Civil Code of Lower Canada?