Rules of survival code12/31/2023 ![]() 2613 toĬertain special features of these rules of interpretation call for a specific analysis of how they are affected by section 129 of the Constitution Act, 1867. Of the Code itself, inter alia articles 396 and 397, which concern the meaning of certain words, and the final provisions of the Code (arts. In contrast to these general rules, the second category includes rules of interpretation elsewhere in the Code that relate essentially to the interpretation or application 1 to 17), entitled "Of the promulgation, distribution, effect, application, interpretation and execution of the laws in general". The first category includes all rules of general application set out in the Preliminary The rules discussed in this study fall into two very distinct categories. Rather, I will suggest guidelines for determining which rules still apply today and to what extent. For reasons that will be set out in the conclusion of this report, I will not state what became of each and every one of these rules of interpretationĪfter Confederation. Survived in the federal legal system pursuant to section 129 of the Constitution Act, 1867 and were consequently still applicable in that system followingĬonfederation. The purpose of this report is to determine the extent to which certain rules in the Civil Code of Lower Canada, which I will call "rules of interpretation", Differences between the English and French versions of the Code The principle of the non-retroactivity of the Code RULES OF INTERPRETATION SPECIFIC TO THE CODE The rules of interpretation in the Preliminary Title survived within the federal legal system The provisions of the Preliminary Title are no longer in force within the federal legal system I.- RULES IN THE PRELIMINARY TITLE OF THE CIVIL CODE OF LOWER CANADA.Provisions on the Interpretation and Application of Statutes in the Civil Code of Lower Canada
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