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Full bibliography 499 resources
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This article considers the influence of culture within Quebec’s procedural law, building upon the recent reform of the Code of Civil Procedure. The author affirms that the distinctiveness of Quebec’s procedural law resides in its mixed culture, which is the product of the superimposition of different perspectives on the institutional values and symbols of the state’s dispute-processing mechanisms.
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The adoption of a new Code of Civil Procedure in Quebec provides an opportune moment to consider the reasons for, and consequences of, a new direction in adjectival law. Moreover, it is an appropriate time to reflect on the influence of legal traditions on civil procedure, and the role played by such traditions in the legislative evolution and judicial interpretation of procedural law. This paper analyzes the current trends in civil procedure in Quebec, from both legislative and judicial standpoints, and seeks to relate these trends to tradition-based influences. Ultimately, this study demonstrates that Quebec’s procedural law has experienced great swings of the pendulum – originally inheriting continental civilian procedure from the French, gradually evolving towards a very common law/adversarial notion of procedure, and nowreverting back in a civiliste direction.
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