Introduction: methods and charts

• Author: Denis Le May
• Profession: Conseiller a la documentation Bibliotheque de l'Université Laval
• Pages: 3-34

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INTRODUCTION: METHODS AND CHARTS

This book aims at being both methodological and pedagogical. Synoptic charts constitute, in the author’s opinion, an

excellent way to begin the study of a science, a whole, or an area of knowledge. As the illustrious Kant said, “[t]hat

method in accordance with which a finished system is exhibited in its complete connection is called tabular.”1

The method chosen for this book does not create the logic of the Code, which is determined by the legislator and

appears from the reading of the text. This method has the advantage of making the structure explicit and, in doing so,

facilitating an understanding of the text.

0.1 Aim and Scope of Application

The legal community and the general public had to deal with a major piece of legislation when the Civil Code of Québec

came into force on 1 January 1994. Fortunately, there is a great array of doctrinal writings (explanations, commentaries,

and treatises) to help construe its meaning. It is important to use a tool showing the Code as a whole before going to the

details, in order to see the forest before the trees. The author is therefore proud to present a Civil Code in tabular form. The

charts allow a global view of the Code and are not intended to replace an attentive and exhaustive reading of the articles.

This book has only one goal: to encourage and facilitate an integral reading of the Code.

The text of the Code itself is easily found on the web at: .

The work in this book has been limited to the general structure of the Code, showing the relationship between

the different parts. Even at that general level, the reader will easily discover the sequence of articles covering a given

topic.

0.2 Content of the Civil Code

The Civil Code of Québec replaces the Civil Code of Lower Canada, adopted by chapter 41 of the statutes of 1865 of the

legislature of the Province of Canada, An Act respecting the Civil Code of Lower Canada, as amended from time to time;

chapter 39 of the statutes of 1980, An Act to establish a new Civil Code and to reform family law, and the Acts amending

it; and chapter 18 of the statutes of 1987, An Act to add the reformed law of persons, successions and property to the Civil

Code of Québec.

The Civil Code of Québec comprises ten books: Book One: Persons; Book Two: The Family; Book Three: Suc-

cessions; Book Four: Property; Book Five: Obligations; Book Six: Prior Claims and Hypothecs; Book Seven: Evidence;

Book Eight: Prescriptions; Book Nine: Publication of Rights; and Book Ten: Private International Law.

0.3 Divisions of the Civil Code

0.3.1 Overview

A complete and complex array of 3,168 articles presents a challenge to the reader. For that reason, the long string of arti-

cles is organized into numerous divisions. The Code comprises ten parts called books. These books are subdivided into

titles. Each title is further subdivided into various chapters. The chapters are subdivided into sections and paragraphs,

and sometimes into subparagraphs. In all, this amounts to seven levels. See Table 0.3.1: Levels of Division.

1 Immanuel Kant, Lectures on Logic, §118 of “The Jäsche Logic,” trans. & ed. J. Michael Young (Cambridge: Cambridge University Press,

1992) at 639.

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The Civil Code of Québec in Chart Form

Table 0.3.1: Levels of Division

Level Name Format Example

1 Book All capital letters regular text BOOK FIVE

2 Title All capital letters regular text TITLE FOUR

3 Chapter All capital letters regular text CHAPTER TWO

4 Section Initial capital letter with roman

numeral Section I

5 Paragraph Paragraph symbol § with arabic

numeral followed by italic text §1

6 Subdivision Roman numeral followed by en-dash

(–) II –

7 Division Arabic numeral followed by period (.) 1.

0.3.2 The Segment System

To facilitate retrieval and identification of the relevant parts of the Code, this book reflects the level of subdivision by

using a uniform numbering system which uses arabic numerals and decimal-type punctuation. All subdivisions are thus

represented in the same way. In this book, these subdivisions are called segments.

Take the example of the deposit contract (articles 2280–2311). Deposit is covered in CHAPTER ELEVEN of

TITLE TWO (Nominate contracts) of BOOK FIVE (Obligations). Following the method set out above, this segment will

be referred to as 5.2.11.

The pedagogical and mnemonic advantages of this system, particularly for such a vast corpus of law, are imme-

diately apparent. Segmentation allows, all at once:

1 the numbering of the charts and the internal references;

2 the identification of the precise level of subdivision;

3 the placement of the part in relation to the whole and the visualization of what precedes the part and what fol-

lows it; and

4 the drawing of the topographic profile of the Code (reproduced at the front of each book).

0.3.3 Concordance Segments/Charts

As this publication covers only the general outline, there is no one-to-one concordance between the segments and the

charts. The number of articles varies from one segment to the other. To make the concordances obvious, they are placed

in a square. Thus:

ª all references in this publication will be made exclusively through the decimal number of the segment; one read-

ily recognizes its situation in the Code;

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Introduction

ª on the other hand, where a chart effectively corresponds to a segment, the number of the chart will appear in a

square (for example, 5.2.8 ) Without the square, one can conclude that there is no specific chart for the segment.

It suffices to cut a decimal or two and move to the higher level (for example, 1.5.1.1 becomes 1.5 ).

0.4 Uniform Structure for Each Book

This book has a uniform structure throughout. For each book, one finds:

ª a topography of the book (a purely graphic representation of the book, aiming at giving the reader a mental map

of the relative complexity of the book);

ª the table of contents of the whole Code, showing the place of the particular book in the context of the whole;

ª a complete table of contents for the book;

ª a summary of the book (the author has relied on the introductory notes of Bill 125, which have been partly modi-

fied and updated where necessary, and has added marginal references to the charts);

ª a complete listing of charts for the book, each clearly mentioning the string of relevant articles;

ª an index for the book (also consolidated into the general index at the end). All references are to the segments, as

earlier noted.

0.5 How to Use This Publication

The author has provided multiple means to derive maximum advantage from this publication, which only aims, as stated

above, to facilitate the reading of the Code. These tools are located in the section entitled “Finding Tools.”

0.5.1 If you don’t know where a concept is located, use the General Index which will direct you to the corresponding

segment.

0.5.2 If you already know the article number, you may find the corresponding segment by looking at the Articles/

Chart Concordance Table (11.3).

0.5.3 If you know in which book the concept is located, you can use the Table of Contents (at the beginning of each

book) or the specific index (at the end of each book).

0.5.4 If you wish to readily ascertain whether there is a chart for the concept under study, you may refer to the List of

Charts (11.1) or the Alphabetical Index of Charts (11.2).

0.5.5 Other features whose usefulness is readily obvious appear throughout the text.

0.5.6 The common law researcher who wants to “translate” or relate common law concepts with those of the Code is

offered two different but complementary tools:

(i) the Abridged Table of Contents (Second Level of Division: Title) (see 0.7.1) can help to locate the main

parts of the Civil law system; and

(ii) the index of Key Concepts and Definitions (0.9.3), which is a gateway to the core notions.

Combined, these two tools will serve as an immediate and efficient pathfinder. There is very little left uncovered.