In the civil code, you possess a precious
heritage. Yours is indeed a great and noble responsibility: the thought of
seeing to it that the administration of that code is worthy of its conception
and shall reflect no discredit on the genius and ability of the great
jurisconsults who produced it. Would that this excellent and scientific body of
law, so detailed and so logically complete, were better known throughout the
other provinces of Canada!
–Justice Anglin, 1922
Excerpts from the Civil Code of Lower Canada as
enacted as the law of Quebec in 1866. When Quebec was a Catholic country —
indeed, reading this, and seeing the carefully structured order of marriage in
Quebec law, may we say that Catholic Quebec inherited the status of France as
eldest daughter of the Church?
Title fifth. Of marriage.
Chapter first. Of the qualities and conditions
necessary for contracting marriage.
A
man cannot contract marriage before the full age of fourteen years, nor a woman
before the full age of twelve years.
There
is no marriage when there is no consent.
A
second marriage cannot be contracted before the dissolution of the first.
Children
who have not reached the age of twenty-one years must obtain the consent of
their father and mother before contracting marriage ; in case of disagreement,
the consent of the father suffices.
Chapter fifth. Of the obligations arising from
marriage.
Husband
and wife contract, by the mere fact of marriage, the obligation to maintain and
bring up their children
Children
are bound to maintain their father, mother and other ascendants, who are in
want.
The
obligations which result from these provisions are reciproeal.
Maintenance
is only granted in proportion to the wants of the party claiming it and the
fortune of the party by whom it is due.
Chapter sixth. Of the respective rights and duties of
husband and wife.
Husband
and wife mutually owe each other fidelity, succor and assistance.
A
husband owes protection to his wife ; a wife obedience to her husband.
A
wife is obliged to live with her husband, and to follow him wherever he thinks
fit
to reside. The husband is obliged to receive her and to supply her with all the
necessaries of life, according to his means and condition.
Chapter seventh. Of the dissolution of marriage.
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