Le notariat au Québec: rupture et continuité dans la tradition civiliste

Abstract

In the civil law tradition, the notary is a public officer and a legal professional who receives a parcel of the public authority for authentication of facts and juridical acts. However, the notarial institution in Quebec since 1621 has assumed within the civil law system distinctive characteristics because of theparticular context in which it has evolved. The conquest of New France by the British in 1760 left Quebec notaries orphan in the middle of a continent dominated by the principles of the common law. Detached from its French roots and influenced by the North American environment, the Quebec notarysystem has a particular physiognomy that marks the rupture and continuity of the civil law tradition in Canada.

DOI:http://dx.doi.org/10.15304/dereito.24.1.2372