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Civil Code Of Lower Canada
The ''Civil Code of Lower Canada'' (french: Code civil du Bas-Canada) was a set of laws that were in effect in Lower Canada on 1 August 1866 and remained in effect in Quebec until repealed and replaced by the Civil Code of Quebec on 1 January 1994. The Code replaced a mixture of French law and English law that had arisen in Lower Canada since the creation of the Province of Quebec (1763–1791), Province of Quebec in 1763. Before the Code French colonial era From 1608 to 1664, the first colonists of New France followed the customary law (french: coutume) in effect for their province of origin in France. In 1664, the King of France decreed in Article 33 of the decree establishing the French West India Company (french: l'Édit d'établissement de la compagnie des Indes occidentales) that the Custom of Paris in New France, Custom of Paris would serve as the main source of law throughout New France. Later, authorities went on to add ''le droit français de la métropole'', that is, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of The Province Of Canada
The Parliament of the Province of Canada was the legislature for the Province of Canada, made up of the two regions of Canada West (formerly Upper Canada, later Ontario) and Canada East (formerly Lower Canada, later Quebec). Creation of the Parliament The Province of Canada was created by an Act of the British Parliament, the ''Act of Union 1840'', which was proclaimed in force by the Governor General of the Canadas, Lord Sydenham, effective February 10, 1841. The Act united the two provinces of Lower Canada and Upper Canada into a single province, with a single parliament. The parliaments of Lower Canada and Upper Canada were abolished. Lower Canada was renamed Canada East, and Upper Canada was renamed Canada West, but the two regions were administrative divisions only. They did not have separate governments. The Union had been recommended by Lord Durham in his Report on the Affairs of British North America, in response to the Rebellions of 1837–1838 in both Lower Canada a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law Notary
Civil-law notaries, or Latin notaries, are lawyers of noncontentious private civil law who draft, take, and record legal instruments for private parties, provide legal advice and give attendance in person, and are vested as public officers with the authentication power of the State. As opposed to most notaries public, their common-law counterparts, civil-law notaries are highly trained, licensed practitioners providing a full range of regulated legal services, and whereas they hold a public office, they nonetheless operate usually—but not always—in private practice and are paid on a fee-for-service basis. They often receive generally the same education as attorneys at civil law with further specialized education but without qualifications in advocacy, procedural law, or the law of evidence, somewhat comparable to solicitor training in certain common-law countries. Civil-law notaries are limited to areas of private law, that is, domestic law which regulates the relationsh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private Law
Private law is that part of a civil law legal system which is part of the ''jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ius publicum versus ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Priva ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec Act
The Quebec Act 1774 (french: Acte de Québec), or British North America (Quebec) Act 1774, was an Act of the Parliament of Great Britain which set procedures of governance in the Province of Quebec. One of the principal components of the Act was the expansion of the province's territory to take over part of the Indian Reserve, including much of what is now southern Ontario, Illinois, Indiana, Michigan, Ohio, Wisconsin, and parts of Minnesota. The Act removed the reference to the Protestant faith from the oath of allegiance, and guaranteed free practice of Catholicism and restored the Church's power to impose tithes. Additionally, it restored the use of the French civil law for matters of private law, except for the granting of unlimited freedom of testation in accordance with English common law; which was maintained for matters of public law, including administrative appeals, court procedure, and criminal prosecution. In Quebec, English-speaking immigrants from the Thirteen C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Campbell V Hall
was a case decided in the Court of King's Bench in 1774. On its face it was a private action for recovery of sums paid to a tax agent, but the decision laid down the principles of the King's constitutional authority in a British colony, deciding amongst other things that such authority is absolute until a representative assembly is granted, at which point the authority of the Crown is limited. The matter was first heard in the Mayor's and City of London Court, which court found a special verdict and remitted it to the Court of King's Bench, which then heard the claim on a matter of law. The decision turned on the validity of a tax imposed in Grenada. This was the trigger for an examination of the constitutional position of Grenada and for a review of the position in all British territories. The political situation at the time of the judgment was interesting too; this was the time of the tax rebellion in the American colonies (including the West Indies) and was indeed two years ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Tenure
In common law systems, land tenure, from the French verb "tenir" means "to hold", is the legal regime in which land owned by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individuals. It determines who can use land, for how long and under what conditions. Tenure may be based both on official laws and policies, and on informal local customs (insofar higher law does allow that). In other words, land tenure implies a system according to which land is held by an individual or the actual tiller of the land but this person does not have legal ownership. It determines the holder's rights and responsibilities in connection with their holding. The sovereign monarch, known in England as The Crown, held land in its own right. All land holders are either its tenants or sub-tenants. ''Tenure'' signifies a legal relationship between tenant and lord, arranging the duties and rights of tenant and lord in relationship to the land. Ov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Of Paris (1763)
The Treaty of Paris, also known as the Treaty of 1763, was signed on 10 February 1763 by the kingdoms of Kingdom of Great Britain, Great Britain, Kingdom of France, France and Spanish Empire, Spain, with Kingdom of Portugal, Portugal in agreement, after Great Britain and Prussia's victory over France and Spain during the Seven Years' War. The signing of the treaty formally ended conflict between France and Great Britain over control of North America (the Seven Years' War, known as the French and Indian War in the United States), and marked the beginning of an era of British dominance outside Europe. Great Britain and France each returned much of the territory that they had captured during the war, but Great Britain gained much of France's possessions in North America. Additionally, Great Britain agreed to protect Roman Catholicism in the New World. The treaty did not involve Prussia and Habsburg monarchy, Austria as they signed a separate agreement, the Treaty of Hubertusburg, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guadeloupe
Guadeloupe (; ; gcf, label=Antillean Creole, Gwadloup, ) is an archipelago and overseas department and region of France in the Caribbean. It consists of six inhabited islands—Basse-Terre, Grande-Terre, Marie-Galante, La Désirade, and the two inhabited Îles des Saintes—as well as many uninhabited islands and outcroppings. It is south of Antigua and Barbuda and Montserrat, north of the Commonwealth of Dominica. The region's capital city is Basse-Terre, located on the southern west coast of Basse-Terre Island; however, the most populous city is Les Abymes and the main centre of business is neighbouring Pointe-à-Pitre, both located on Grande-Terre Island. It had a population of 384,239 in 2019.Populations légales 2019: 971 Guadeloupe INSEE Like the other overseas departments, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Seigneurial System Of New France
The manorial system of New France, known as the seigneurial system (french: Régime seigneurial), was the semi- feudal system of land tenure used in the North American French colonial empire. Both in nominal and legal terms, all French territorial claims in North America belonged to the French king. French monarchs did not impose feudal land tenure on New France, and the king's actual attachment to these lands was virtually non-existent. Instead, landlords were allotted land holdings known as manors and presided over the French colonial agricultural system in North America. Manorial land tenure was introduced to New France in 1628 by Cardinal Richelieu. Richelieu granted the newly formed Company of One Hundred Associates all lands between the Arctic Circle to the north, Florida to the south, Lake Superior in the west, and the Atlantic Ocean in the east. In exchange for this vast land grant and the exclusive trading rights tied to it, the Company was expected to bring two to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ancient Rome
In modern historiography, ancient Rome refers to Roman civilisation from the founding of the city of Rome in the 8th century BC to the collapse of the Western Roman Empire in the 5th century AD. It encompasses the Roman Kingdom (753–509 BC), Roman Republic (509–27 BC) and Roman Empire (27 BC–476 AD) until the fall of the western empire. Ancient Rome began as an Italic settlement, traditionally dated to 753 BC, beside the River Tiber in the Italian Peninsula. The settlement grew into the city and polity of Rome, and came to control its neighbours through a combination of treaties and military strength. It eventually dominated the Italian Peninsula, assimilated the Greek culture of southern Italy ( Magna Grecia) and the Etruscan culture and acquired an Empire that took in much of Europe and the lands and peoples surrounding the Mediterranean Sea. It was among the largest empires in the ancient world, with an estimated 50 to 90 million inhabitants, roughly 20% of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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