Biagio Andò

The Historical Roots of the Droit Civil Québécois: Hybridity and Jus Commune

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Abstract

This paper aims to identify the concepts of law underlying the discourses of legal scholars and the judgments of courts. Doctrinal and judicial formants may offer a thorough portrait of the patterns through which legal traditions have shaped the Québécois legal system. Light is shed on some definitions of law framed by Québécois scholars. The working hypothesis to be addressed is that the conceptual foundations of some doctrinal and judicial approaches to law might be considered a by-product of the French cultural heritage dating back to the 18th century colonization.

Keywords

  • Hybridity
  • Civil Code
  • Preliminary Provision
  • Persuasion
  • Legal Tradition

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