The Policy, Politics and Aesthetics of Non-American Private Law: A Study of Contract Performance Interruption in France, England, Quebec and English Canada

Regards sur le nouveau droit de la famille au Canada anglais et au Québec

Les Cahiers de droit ◽

10.7202/042465ar ◽

2005 ◽

Vol 22 (3-4) ◽

pp. 723-784

Author(s):

Denyse Guay-Archambault

Keyword(s):

Common Law ◽

Civil Code ◽

English Canada ◽

Property Law ◽

Private Law ◽

Mother Country ◽

Statutory Law ◽

The Common ◽

The Law ◽

Code Civil

The English origin of the law in the Common law jurisdictions in Canada makes it mandatory to study common law and English statutory law. It is through those that we can follow the development of a family property law in English Canada. Starting from an individualistic view of the spouses' property, we shall witness the emergence of the idea of « family assets » which has been « enshrined » in recent legislation. The law of Québec has evolved differently. Though of Trench origin, it has not kept as near its mother-country as its neighbour's has done with English law. Turthermore, due to its civilian character, its principles of private law are to be found in the Civil Code. This favours a different approach. That is why we will generally confine our study to those rules which are to be found in the Code civil du Bas-Canada and to the newly adopted Code civil du Québec. We will see what has become of the original community of property and compare the present law of Québec with recent legislation in English Canada.

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Data as Counter-Performance - Contract Law 2.0?

10.5771/9783748908531 ◽

2020 ◽

Cited By ~ 1

Keyword(s):

Data Protection ◽

Contract Law ◽

Digital Economy ◽

Digital Content ◽

Private Law ◽

Eu Law ◽

Contract Performance ◽

The Relationship ◽

The Eu

This 5th volume in the “Münster Colloquia on EU Law and the Digital Economy” focuses on one of the most important challenges faced by private law in this era of digitalization: the effects of “data as counter-performance” on contract law; a phenomenon acknowledged by the EU legislator in the new “Digital Content Directive” 2019/770. In this volume, legal experts from across Europe examine various issues, in particular contract performance and restitution, and the relationship between contract law and data protection, central to the question: Contract law 2.0?

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