Preliminary Provision

• Author: Denis Le May
• Profession: Conseiller a la documentation Bibliotheque de l'Université Laval
• Pages: 35-36

35

Preliminary Provision

PRELIMINARY PROVISION

Commentary

It is important to take notice of the change that the Preliminary Provision brings to the existing practice of associating

private law with the Code and public law with statutes. This is no longer the whole truth. Under this provision, matters of

public law are not immune from the Code. The Code is more global. It has to be exhausted before referring to suppletive

law (in the case of Quebec’s public law, that is the common law of Canada and of the United Kingdom). The shift was

confirmed by the Supreme Court in the Prud’homme decision of 2002.1

1Prud’homme v. Prud’homme, [2002] 4 S.C.R. 663, 2002 SCC 85 [emphasis added].

The Civil Code of Québec, in harmony with the Charter of human rights and freedoms and the

general principles of law, governs persons, relations between persons, and property.

The Civil Code comprises a body of rules which, in all matters within the letter, spirit or object of

its provisions, lays down the jus commune, expressly or by implication. In these matters, the Code

is the foundation of all other laws, although other laws may complement the Code or make excep-

tions to it.

The Civil Code

of Québec

governs

persons,

relations

between

persons,

and property

in harmony with

the Charter of

human rights

and freedoms

and the general

principles of law

expressly

or by

implication

complement

the Code

or make

exceptions

to it

lays down the jus commune

is the foundation of all other

laws which may

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