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Le droit maritime au Quebec

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  • ""The shipping industry plays an important role in today's Quebec economy and its activities are numerous and diversified. This study identifies the law applicable and its origins. By its very nature and to a great extent, admiralty law is linked to the private law system. What should be the role played by admiralty law and what is the relationship between admiralty law and civil law when a maritime case arises in the province of Quebec is the question addressed here. To identify the applicable law and its sources is a very complex and difficult task because of the Canadian federalism and the civilian character of Quebec's private law. Accordingly, the purpose of this thesis is to present a theoretical framework necessary to identify the sources of the applicable law and its contents. After pointing out the diversity of the activities carried on by the shipping industry, the author analyzes the historic and the actual sources of the applicable law in Quebec. In this regard he questions the desirability of applying rules from the common law in admiralty cases where such litigation has its origins in Quebec. Particularly, it is the author's contention that the Supreme Court of Canada's approach in this respect is not well founded from a legal point of view. In the second part of the thesis, he analyzes the contents of the applicable law. He focusses on the relationship between traditional admiralty rules and the civil code of Quebec. In order to do so, the study is made on a comparative basis--civil law and common law." --"

  • "Le droit maritime au Quebec"
  • "Le droit maritime au Québec"