Civil Law and Common Law

1

• Civil Law and Common Law
• International Study Center
• Queens University
• Class 5
• Michelle Cumyn
• Professor, Laval University, Quebec City
• michelle.cumyn_at_fd.ulaval.ca

2
Objectives of todays lecture

• Neighbourhood disturbances (nuisance)
• Classification of civil rights (patrimonial or
  extra-patrimonial, personal or real)
• The object of a real right things not
  susceptible of ownership moveable vs. immoveable
  property
• The nature of ownership
• Possession and acquisition of ownership
• Modalities and dismemberments of ownership
• Trusts and the administration of the property of
  another

3
Article 976 (neighbourhood disturbances or
nuisance)

• 976.  Neighbours shall suffer the normal
  neighbourhood annoyances that are not beyond the
  limit of tolerance they owe each other, according
  to the nature or location of their land or local
  custom.

4
Article 7 (abuse of right)

• 7.  No right may be exercised with the intent of
  injuring another or in an excessive and
  unreasonable manner which is contrary to the
  requirements of good faith.

5
Extrapatrimonial (personality) rights They are
inalienable.
Patrimony

• Liabilities
• - Debts

• Assets (property)
• - Real rights
• Personal rights (claims)
• Intellectual property

Elements in a persons patrimony are alienable.