Principles of contractual under the Quebec law

Abstract

Introduction . In the paper the author analyzes the principles of contractual performance under the Quebec law, including their codification in both the Civil Code of Lower Canada and the Civil Code of Quebec. Additionally, the author carries out an analysis regarding relevant judicial precedents. Materials and methods . The sources for the research consist of the Civil Code of Lower Canada (1865), the Civil Code of Quebec (1991), the judicial precedents of the courts of Quebec and those of the Supreme Court of Canada, as well as scientific papers of foreign researchers specializing in civil law. The methodology used for the research comprises general scientific (analysis, synthesis and analogy) as well as specific legal methods such as comparative legal, formal logical, systematic, structural and functional methods, as well as interpretative analysis. Research results . The author conducts an analysis of the codification of the Quebec civil legislation as well as the principle of proper performance of contractual obligations, its correlation with the specific performance, and the principle of good faith contractual performance. Overview and conclusion . The definition of two principles of the performance of contractual obligations (proper and good faith performance) under the Quebec law is justified. Due to certain exceptions and conditions for its practical implementation, the specific performance cannot be deemed as a principle, albeit its relative prevalence among the decisions rendered by the courts of Quebec.