Civil Code of Québec, C.c.Q.

CIVIL CODE OF QUÉBEC

S.Q., 1991, c. 64.

updated to June 1, 2003
last amendment: February 12, 2003

BOOK TEN

PRIVATE INTERNATIONAL LAW

TITLE ONE

GENERAL PROVISIONS

3076.  

The rules contained in this Book apply subject to those rules of law in force in Québec which are applicable by reason of their particular object.

1991, c. 64, s. 3076.

3077.  

Where a country comprises several territorial units having different legislative jurisdictions, each territorial unit is regarded as a country.

Where a country comprises several legal systems applicable to different categories of persons, any reference to a law of that country is a reference to the legal system prescribed by the rules in force in that country; in the absence of such rules, any such reference is a reference to the legal system most closely connected with the situation.

1991, c. 64, s. 3077.

3078.  

Characterization is made according to the legal system of the court seised of the matter; however, characterization of property as movable or immovable is made according to the law of the place where it is situated.

Where a legal institution is unknown to the court or known to it under a different designation or with a different content, foreign law may be taken into account.

1991, c. 64, s. 3078.

3079.  

Where legitimate and manifestly preponderant interests so require, effect may be given to a mandatory provision of the law of another country with which the situation is closely connected.

In deciding whether to do so, consideration is given to the purpose of the provision and the consequences of its application.

1991, c. 64, s. 3079.

3080.  

Where, under the provisions of this Book, the law of a foreign country applies, the law in question is the internal law of that country, but not its rules governing conflict of laws.

1991, c. 64, s. 3080.

3081.  

The provisions of the law of a foreign country do not apply if their application would be manifestly inconsistent with public order as understood in international relations.

1991, c. 64, s. 3081.

3082.  

Exceptionally, the law designated by this Book is not applicable if, in the light of all attendant circumstances, it is clear that the situation is only remotely connected with that law and is much more closely connected with the law of another country. This provision does not apply where the law is designated in a juridical act.

1991, c. 64, s. 3082.

TITLE TWO

CONFLICT OF LAWS

CHAPTER I

PERSONAL STATUS

SECTION I

GENERAL PROVISIONS

3083.  

The status and capacity of a natural person are governed by the law of his domicile.

The status and capacity of a legal person are governed by the law of the country under which it was formed subject, with respect to its activities, to the law of the place where they are carried on.

1991, c. 64, s. 3083.

3084.  

In cases of emergency or serious inconvenience, the law of the court seised of the matter may be applied provisionally to ensure the protection of a person or of his property.

1991, c. 64, s. 3084.

SECTION II

SPECIAL PROVISIONS

§1. — Incapacity

3085.  

Protective supervision of persons of full age and tutorship to minors are governed by the law of the domicile of each person subject thereto.

Whenever a minor or a protected person of full age domiciled outside Québec possesses property in Québec or has rights to be exercised and the law of his domicile does not provide for him to have a representative, a tutor or a curator may be appointed to represent him in all cases where a tutor or a curator may represent a minor or a protected person of full age under the laws of Québec.

1991, c. 64, s. 3085.

3086.  

A party to a juridical act who is incapable under the law of the country of his domicile may not invoke his incapacity if he was capable under the law of the country in which the other party was domiciled when the act was formed in that country, unless the other party was or should have been aware of the incapacity.

1991, c. 64, s. 3086; 2002, c. 19, s. 15.

3087.  

A legal person who is a party to a juridical act may not invoke restrictions upon the power of representation of the persons acting for it if the restrictions did not exist under the law of the country in which the other party was domiciled when the act was formed in that country, unless the other party was or should have been aware of the restrictions by virtue of his position with or relationship to the party invoking them.

1991, c. 64, s. 3087; 2002, c. 19, s. 15.

§2. — Marriage

3088.  

Marriage is governed with respect to its essential validity by the law applicable to the status of each of the intended spouses.

With respect to its formal validity, it is governed by the law of the place of its solemnization or by the law of the country of domicile or of nationality of one of the spouses.

1991, c. 64, s. 3088.

3089.  

The effects of marriage, particularly, those which are binding on all spouses regardless of their matrimonial regime, are subject to the law of the domicile of the spouses.

Where the spouses are domiciled in different countries, the applicable law is the law of their common residence or, failing that, the law of their last common residence or, failing that, the law of the place of solemnization of the marriage.

1991, c. 64, s. 3089.

§3. — Separation from bed and board

3090.  

Separation from bed and board is governed by the law of the domicile of the spouses.

Where the spouses are domiciled in different countries, the applicable law is the law of their common residence or, failing that, the law of their last common residence or, failing that, the law of the court seised of the case.

The effects of separation from bed and board are subject to the law governing the separation.

1991, c. 64, s. 3090.

§3.1. — Civil union

3090.1.

  A civil union is governed with respect to its essential and formal validity by the law of the place of its solemnization.

That law also applies to the effects of a civil union, except those binding all spouses regardless of the civil union regime, which are subject to the law of the country of domicile of the spouses.

2002, c. 6, s. 63.

3090.2.

  The dissolution of a civil union is governed by the law of the country of domicile of the spouses or by the law of the place of its solemnization. The effects of the dissolution are subject to the law governing the dissolution.

2002, c. 6, s. 63.

3090.3.

  Where the spouses are domiciled in different countries, the applicable law is the law of their common place of residence or, failing that, the law of their last common place of residence or, failing that, the law of the place of solemnization of the civil union or the law of the court seized of the application for dissolution, as the case may be.

2002, c. 6, s. 63.

§4. — Filiation by blood or through adoption

3091.  

Filiation is established in accordance with the law of the domicile or nationality of the child or of one of his parents, at the time of the child’s birth, whichever is more beneficial to the child.

The effects of filiation are subject to the law of the domicile of the child.

1991, c. 64, s. 3091.

3092.  

The rules respecting consent to the adoption and the eligibility of the child for adoption are those provided by the law of his domicile.

The effects of adoption are subject to the law of the domicile of the adopter.

1991, c. 64, s. 3092.

3093.  

Custody of the child is governed by the law of his domicile.

1991, c. 64, s. 3093.

§5. — Obligation of support

3094.  

The obligation of support is governed by the law of the domicile of the creditor. However, where the creditor cannot obtain support from the debtor under that law, the applicable law is that of the domicile of the debtor.

1991, c. 64, s. 3094.

3095.  

No claim of support of a collateral relation or a person connected by marriage or a civil union is admissible if, under the law of his domicile, there is no obligation for the debtor to provide support to the plaintiff.

1991, c. 64, s. 3095; 2002, c. 6, s. 235.

3096.  

The obligation of support between spouses who are divorced or separated from bed and board, between spouses whose civil union is dissolved or spouses whose marriage or union has been declared null is governed by the law applicable to the divorce, separation from bed and board, dissolution of the civil union or annulment of the marriage or civil union.

1991, c. 64, s. 3096; 2002, c. 6, s. 64.

CHAPTER II

STATUS OF PROPERTY

SECTION I

GENERAL PROVISION

3097.  

Real rights and their publication are governed by the law of the place where the property concerned is situated.

However, real rights on property in transit are governed by the law of the country of their place of destination.

1991, c. 64, s. 3097.

SECTION II

SPECIAL PROVISIONS

§1. — Successions

3098.  

Succession to movable property is governed by the law of the last domicile of the deceased; succession to immovable property is governed by the law of the place where the property is situated.

However, a person may designate, in a will, the law applicable to his succession, provided it is the law of the country of his nationality or of his domicile at the time of the designation or of his death or that of the place where an immovable owned by him is situated, but only with regard to that immovable.

1991, c. 64, s. 3098.

3099.  

The designation of a law applicable to the succession is without effect to the extent that the law designated deprives the married or civil union spouse or a child of the deceased, to a large degree, of a right of succession to which, but for such designation, he or she would have been entitled.

In addition, the designation has no effect to the extent that it affects special rules of inheritance to which certain categories of property are subject under the law of the country in which they are situated because of their economic, family or social destination.

1991, c. 64, s. 3099; 2002, c. 6, s. 65.

3100.  

To the extent that the law on successions may not be enforced in respect of property situated outside Québec, corrective measures may be applied to property situated in Québec, in particular, by means of the restoration of shares, a new debt sharing or a compensatory deduction established by a rectified partition.

1991, c. 64, s. 3100.

3101.  

Where the law governing the succession of the deceased does not provide for him to have an administrator or liquidator authorized to act in Québec and the heirs have rights to be exercised in Québec or certain property of the succession is situated in Québec, an administrator or a liquidator may be appointed under the law of Québec.

1991, c. 64, s. 3101.

§2. — Movable securities

3102.  

The validity of a movable security is governed by the law of the country in which the property charged with it is situated at the time of creation of the security.

Publication and its effects are governed by the law of the country in which the property charged with the security is currently situated.

1991, c. 64, s. 3102.

3103.  

Any movable that is not intended to remain in the country in which it is situated may be charged with a security according to the law of the country for which it is destined; the security may be published according to the law of that country, but publication has effect only if the property actually reaches the country within thirty days of the creation of the security.

1991, c. 64, s. 3103.

3104.  

A security published according to the law of the country where the property was situated at the time of creation of the security will be deemed to be published in Québec, from the first publication, if it is published in Québec before any of the following events, whichever occurs first:

(1)   the cessation of effect of publication in the country where the property was situated at the time of creation of the security;

(2)   the expiry of thirty days from the time the property reaches Québec;

(3)   the expiry of fifteen days from the time the creditor is advised that the property has arrived in Québec.

However, the security may not be set up against a buyer who has acquired the property in the ordinary course of the activities of the grantor.

1991, c. 64, s. 3104; 1992, c. 57, s. 716.

3105.  

The validity of a security charged on a corporeal movable ordinarily used in more than one country or charged on an incorporeal movable is governed by the law of the country where the grantor was domiciled at the time of creation of the security.

Publication and its effects are governed by the law of the country in which the grantor is currently domiciled.

However, the provisions of this article do not apply to a security encumbering an incorporeal movable established by a title in bearer form or to a security published by the holding of the title exercised by the creditor.

1991, c. 64, s. 3105; 1992, c. 57, s. 716; 1998, c. 5, s. 18.

3106.  

A security which, when it is created, is governed by the law of the country where the grantor is then domiciled and which has been published will be deemed to have been published in Québec, from the first publication, provided it is published in Québec before any of the following events, whichever occurs first:

(1)   the cessation of effect of publication in the country where the grantor was formerly domiciled;

(2)   the expiry of thirty days from the time the grantor established his new domicile in Québec;

(3)   the expiry of fifteen days from the time the creditor was advised of the new domicile of the grantor in Québec.

However, the security may not be set up against a buyer who has acquired the property in the ordinary course of the activities of the grantor.

1991, c. 64, s. 3106.

§3. — Trusts

3107.  

Where no law is expressly designated by, or may be inferred with certainty from, the terms of the act creating a trust, or where the law designated does not recognize the institution, the applicable law is that with which the trust is most closely connected.

To determine the applicable law, account is taken in particular of the place of administration of the trust, the place where the trust property is situated, the residence or the establishment of the trustee, the objects of the trust and the places where they are to be fulfilled.

Any severable aspect of a trust, particularly its administration, may be governed by a different law.

1991, c. 64, s. 3107.

3108.  

The law governing the trust determines whether the question to be resolved concerns the validity or the administration of the trust.

It also determines whether that law or the law governing a severable aspect of the trust may be replaced by the law of another country and, if so, the conditions of replacement.

1991, c. 64, s. 3108.

CHAPTER III

STATUS OF OBLIGATIONS

SECTION I

GENERAL PROVISIONS

§1. — Form of juridical acts

3109.  

The form of a juridical act is governed by the law of the place where it is made.

A juridical act is nevertheless valid if it is made in the form prescribed by the law applicable to the content of the act, by the law of the place where the property which is the object of the act is situated when it is made or by the law of the domicile of one of the parties when the act is made.

A testamentary disposition may be made in the form prescribed by the law of the domicile or nationality of the testator either at the time of the disposition or at the time of his death.

1991, c. 64, s. 3109.

3110.  

An act may be made outside Québec before a Québec notary if it pertains to a real right the object of which is situated in Québec or if one of the parties is domiciled in Québec.

1991, c. 64, s. 3110.

§2. — Content of juridical acts

3111.  

A juridical act, whether or not it contains any foreign element, is governed by the law expressly designated in the act or the designation of which may be inferred with certainty from the terms of the act.

A juridical act containing no foreign element remains, nevertheless, subject to the mandatory provisions of the law of the country which would apply if none were designated.

The law of a country may be expressly designated as applicable to the whole or a part only of a juridical act.

1991, c. 64, s. 3111.

3112.  

If no law is designated in the act or if the law designated invalidates the juridical act, the courts apply the law of the country with which the act is most closely connected, in view of its nature and the attendant circumstances.

1991, c. 64, s. 3112.

3113.  

A juridical act is presumed to be most closely connected with the law of the country where the party who is to perform the prestation which is characteristic of the act has his residence or, if the act is made in the ordinary course of business of an enterprise, his establishment.

1991, c. 64, s. 3113.

SECTION II

SPECIAL PROVISIONS

§1. — Sale

3114.  

If no law is designated by the parties, the sale of a corporeal movable is governed by the law of the country where the seller had his residence or, if the sale is made in the ordinary course of business of an enterprise, his establishment, at the time of formation of the contract. However, the sale is governed by the law of the country in which the buyer had his residence or his establishment at the time of formation of the contract in any of the following cases:

(1)   negotiations have taken place and the contract has been formed in that country;

(2)   the contract provides expressly that delivery shall be made in that country;

(3)   the contract is formed on terms determined mainly by the buyer, in response to a call for tenders.

If no law is designated by the parties, the sale of immovable property is governed by the law of the country where it is situated.

1991, c. 64, s. 3114.

3115.  

Failing any designation by the parties, a sale by auction or on a stock exchange is governed by the law of the country where the auction takes place or the exchange is situated.

1991, c. 64, s. 3115.

§2. — Conventional representation

3116.  

The existence and scope of the powers of a representative in his relations with a third person and the conditions under which his personal liability or that of the person he represents may be incurred are governed by the law expressly designated by the person represented and the third person or, where none is designated, by the law of the country in which the representative acted if the person he represents or the third person has his domicile or residence in that country.

1991, c. 64, s. 3116.

§3. — Consumer contract

3117.  

The choice by the parties of the law applicable to a consumer contract does not result in depriving the consumer of the protection to which he is entitled under the mandatory provisions of the law of the country where he has his residence if the formation of the contract was preceded by a special offer or an advertisement in that country and the consumer took all the necessary steps for the formation of the contract in that country or if the order was received from the consumer in that country.

The same rule also applies where the consumer was induced by the other contracting party to travel to a foreign country for the purpose of forming the contract.

If no law is designated by the parties, the law of the place where the consumer has his residence is, in the same circumstances, applicable to the consumer contract.

1991, c. 64, s. 3117.

§4. — Contract of employment

3118.  

The designation by the parties of the law applicable to a contract of employment does not result in depriving the worker of the protection to which he is entitled under the mandatory provisions of the law of the country where the worker habitually carries on his work, even if he is on temporary assignment in another country or, if the worker does not habitually carry on his work in any one country, the mandatory provisions of the law of the country where his employer has his domicile or establishment.

If no law is designated by the parties, the law of the country where the worker habitually carries on his work or the law of the country where his employer has his domicile or establishment is, in the same circumstances, applicable to the contract of employment.

1991, c. 64, s. 3118.

§5. — Contract of non-marine insurance

3119.  

Notwithstanding any agreement to the contrary, a contract of insurance respecting property or an interest situated in Québec or subscribed in Québec by a person resident in Québec is governed by the law of Québec if the policyholder applies therefor in Québec or the insurer signs or delivers the policy in Québec.

Similarly, a contract of group insurance of persons is governed by the law of Québec where the participant has his residence in Québec at the time he becomes a participant.

Any sum due under a contract of insurance governed by the law of Québec is payable in Québec.

1991, c. 64, s. 3119; 1992, c. 57, s. 716.

§6. — Assignment of claim

3120.  

The assignability of a claim and relations between the assignee and the assigned debtor are governed by the law governing relations between the assigned debtor and the assignor.

1991, c. 64, s. 3120.

§7. — Arbitration

3121.  

Failing any designation by the parties, an arbitration agreement is governed by the law applicable to the principal contract or, where that law invalidates the agreement, by the law of the country where arbitration takes place.

1991, c. 64, s. 3121.

§8. — Matrimonial or civil union regime

2002, c. 6, s. 66.

3122.  

The law applicable to a conventional matrimonial or civil union regime is determined according to the general rules applicable to the content of juridical acts.

1991, c. 64, s. 3122; 2002, c. 6, s. 67.

3123.  

The matrimonial or civil union regime of spouses who have not entered into matrimonial or civil union agreements is governed by the law of their country of domicile at the time of their marriage or civil union.

If the spouses are at that time domiciled in different countries, the applicable law is the law of their first common residence or, failing that, the law of their common nationality or, failing that, the law of the place of solemnization of their marriage or civil union.

1991, c. 64, s. 3123; 2002, c. 6, s. 68.

3124.  

The validity of any agreed change to a matrimonial or civil union regime is governed by the law of the domicile of the spouses at the time of the change.

If the spouses are at that time domiciled in different countries, the applicable law is the law of their common residence or, failing that, the law governing their matrimonial or civil union regime.

1991, c. 64, s. 3124; 2002, c. 6, s. 69.

§9. — Certain other sources of obligations

3125.  

Obligations based on management of the business of another, reception of a thing not due or unjust enrichment are governed by the law of the place of occurrence of the act from which they derive.

1991, c. 64, s. 3125.

§10. — Civil liability

3126.  

The obligation to make reparation for injury caused to another is governed by the law of the country where the injurious act occurred. However, if the injury appeared in another country, the law of the latter country is applicable if the person who committed the injurious act should have foreseen that the damage would occur.

In any case where the person who committed the injurious act and the victim have their domiciles or residences in the same country, the law of that country applies.

1991, c. 64, s. 3126.

3127.  

Where an obligation to make reparation for injury arises from nonperformance of a contractual obligation, claims based on the nonperformance are governed by the law applicable to the contract.

1991, c. 64, s. 3127.

3128.  

The liability of the manufacturer of a movable, whatever the source thereof, is governed, at the choice of the victim,

(1)   by the law of the country where the manufacturer has his establishment or, failing that, his residence, or

(2)   by the law of the country where the movable was acquired.

1991, c. 64, s. 3128.

3129.  

The application of the rules of this Code is imperative in matters of civil liability for damage suffered in or outside Québec as a result of exposure to or the use of raw materials, whether processed or not, originating in Québec.

1991, c. 64, s. 3129.

§11. — Evidence

3130.  

Evidence is governed by the law applicable to the merits of the dispute, subject to any rules of the court seised of the matter which are more favourable to the establishment of evidence.

1991, c. 64, s. 3130.

§12. — Prescription

3131.  

Prescription is governed by the law applicable to the merits of the dispute.

1991, c. 64, s. 3131.

CHAPTER IV

STATUS OF PROCEDURE

3132.  

Procedure is governed by the law of the court seised of the matter.

1991, c. 64, s. 3132.

3133.  

Arbitration proceedings are governed by the law of the country where arbitration takes place unless either the law of another country or an institutional or special arbitration procedure has been designated by the parties.

1991, c. 64, s. 3133; 1992, c. 57, s. 716.

TITLE THREE

INTERNATIONAL JURISDICTION OF QUÉBEC AUTHORITIES

CHAPTER I

GENERAL PROVISIONS

3134.  

In the absence of any special provision, the Québec authorities have jurisdiction when the defendant is domiciled in Québec.

1991, c. 64, s. 3134.

3135.  

Even though a Québec authority has jurisdiction to hear a dispute, it may exceptionally and on an application by a party, decline jurisdiction if it considers that the authorities of another country are in a better position to decide.

1991, c. 64, s. 3135.

3136.  

Even though a Québec authority has no jurisdiction to hear a dispute, it may hear it, if the dispute has a sufficient connection with Québec, where proceedings cannot possibly be instituted outside Québec or where the institution of such proceedings outside Québec cannot reasonably be required.

1991, c. 64, s. 3136.

3137.  

On the application of a party, a Québec authority may stay its ruling on an action brought before it if another action, between the same parties, based on the same facts and having the same object is pending before a foreign authority, provided that the latter action can result in a decision which may be recognized in Québec, or if such a decision has already been rendered by a foreign authority.

1991, c. 64, s. 3137.

3138.  

A Québec authority may order provisional or conservatory measures even if it has no jurisdiction over the merits of the dispute.

1991, c. 64, s. 3138.

3139.  

Where a Québec authority has jurisdiction to rule on the principal demand, it also has jurisdiction to rule on an incidental demand or a cross demand.

1991, c. 64, s. 3139.

3140.  

In cases of emergency or serious inconvenience, Québec authorities may also take such measures as they consider necessary for the protection of the person or property of a person present in Québec.

1991, c. 64, s. 3140.

CHAPTER II

SPECIAL PROVISIONS

SECTION I

PERSONAL ACTIONS OF AN EXTRAPATRIMONIAL AND FAMILY NATURE

3141.  

A Québec authority has jurisdiction to hear personal actions of an extrapatrimonial and family nature when one of the persons concerned is domiciled in Québec.

1991, c. 64, s. 3141.

3142.  

A Québec authority has jurisdiction to rule on the custody of a child provided he is domiciled in Québec.

1991, c. 64, s. 3142.

3143.  

A Québec authority has jurisdiction to decide cases of support or applications for review of a foreign judgment which may be recognized in Québec respecting support when one of the parties has his domicile or residence in Québec.

1991, c. 64, s. 3143.

3144.  

A Québec authority has jurisdiction in matters relating to the nullity of a marriage or the dissolution or nullity of a civil union when the domicile or place of residence of one of the spouses or the place of solemnization of their marriage or civil union is in Québec.

1991, c. 64, s. 3144; 2002, c. 6, s. 70.

3145.  

As regards the effects of marriage or a civil union, particularly those that are binding on all spouses regardless of their matrimonial or civil union regime, a Québec authority has jurisdiction when the domicile or place of residence of one of the spouses is in Québec.

1991, c. 64, s. 3145; 2002, c. 6, s. 71.

3146.  

A Québec authority has jurisdiction to rule on separation from bed and board when one of the spouses has his domicile or residence in Québec at the time of the institution of the proceedings.

1991, c. 64, s. 3146.

3147.  

A Québec authority has jurisdiction in matters of filiation if the child or one of his parents is domiciled in Québec.

It has jurisdiction in matters of adoption if the child or plaintiff is domiciled in Québec.

1991, c. 64, s. 3147.

SECTION II

PERSONAL ACTIONS OF A PATRIMONIAL NATURE

3148.  

In personal actions of a patrimonial nature, a Québec authority has jurisdiction where

(1)   the defendant has his domicile or his residence in Québec;

(2)   the defendant is a legal person, is not domiciled in Québec but has an establishment in Québec, and the dispute relates to its activities in Québec;

(3)   a fault was committed in Québec, damage was suffered in Québec, an injurious act occurred in Québec or one of the obligations arising from a contract was to be performed in Québec;

(4)   the parties have by agreement submitted to it all existing or future disputes between themselves arising out of a specified legal relationship;

(5)   the defendant submits to its jurisdiction.

However, a Québec authority has no jurisdiction where the parties, by agreement, have chosen to submit all existing or future disputes between themselves relating to a specified legal relationship to a foreign authority or to an arbitrator, unless the defendant submits to the jurisdiction of the Québec authority.

1991, c. 64, s. 3148.

3149.  

A Québec authority also has jurisdiction to hear an action involving a consumer contract or a contract of employment if the consumer or worker has his domicile or residence in Québec; the waiver of such jurisdiction by the consumer or worker may not be set up against him.

1991, c. 64, s. 3149.

3150.  

A Québec authority has jurisdiction to hear an action based on a contract of insurance where the holder, the insured or the beneficiary of the contract is domiciled or resident in Québec, the contract is related to an insurable interest situated in Québec or the loss took place in Québec.

1991, c. 64, s. 3150.

3151.  

A Québec authority has exclusive jurisdiction to hear in first instance all actions founded on liability under article 3129.

1991, c. 64, s. 3151.

SECTION III

REAL AND MIXED ACTIONS

3152.  

A Québec authority has jurisdiction over a real action if the property in dispute is situated in Québec.

1991, c. 64, s. 3152.

3153.  

A Québec authority has jurisdiction in matters of succession if the succession opens in Québec, the defendant or one of the defendants is domiciled in Québec or the deceased had elected that Québec law should govern his succession.

It also has jurisdiction if any property of the deceased is situated in Québec and a ruling is required as to the devolution or transmission of the property.

1991, c. 64, s. 3153.

3154.  

A Québec authority has jurisdiction in matters relating to a matrimonial or civil union regime in the following cases:

(1)   the regime is dissolved by the death of one of the spouses and the authority has jurisdiction in respect of the succession of that spouse;

(2)   the object of the proceedings relates only to property situated in Québec.

In other cases, a Québec authority has jurisdiction if one of the spouses has his or her domicile or residence in Québec on the date of institution of the proceedings.

1991, c. 64, s. 3154; 2002, c. 6, s. 72.

TITLE FOUR

RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS AND JURISDICTION OF FOREIGN AUTHORITIES

CHAPTER I

RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS

3155.  

A Québec authority recognizes and, where applicable, declares enforceable any decision rendered outside Québec except in the following cases:

(1)   the authority of the country where the decision was rendered had no jurisdiction under the provisions of this Title;

(2)   the decision is subject to ordinary remedy or is not final or enforceable at the place where it was rendered;

(3)   the decision was rendered in contravention of the fundamental principles of procedure;

(4)   a dispute between the same parties, based on the same facts and having the same object has given rise to a decision rendered in Québec, whether it has acquired the authority of a final judgment (res judicata) or not, or is pending before a Québec authority, in first instance, or has been decided in a third country and the decision meets the necessary conditions for recognition in Québec;

(5)   the outcome of a foreign decision is manifestly inconsistent with public order as understood in international relations;

(6)   the decision enforces obligations arising from the taxation laws of a foreign country.

1991, c. 64, s. 3155.

3156.  

A decision rendered by default may not be recognized or declared enforceable unless the plaintiff proves that the act of procedure initiating the proceedings was duly served on the defaulting party in accordance with the law of the place where the decision was rendered.

However, the authority may refuse recognition or enforcement if the defaulting party proves that, owing to the circumstances, he was unable to learn of the act of procedure initiating the proceedings or was not given sufficient time to offer his defence.

1991, c. 64, s. 3156.

3157.  

Recognition or enforcement may not be refused on the sole ground that the original authority applied a law different from the law that would be applicable under the rules contained in this Book.

1991, c. 64, s. 3157.

3158.  

A Québec authority confines itself to verifying whether the decision in respect of which recognition or enforcement is sought meets the requirements prescribed in this Title, without entering into any examination of the merits of the decision.

1991, c. 64, s. 3158.

3159.  

Recognition or enforcement may be granted partially if the decision deals with several claims that can be dissociated.

1991, c. 64, s. 3159.

3160.  

A decision rendered outside Québec awarding periodic payments of support may be recognized and declared enforceable in respect of both payments due and payments to become due.

1991, c. 64, s. 3160.

3161.  

Where a foreign decision orders a debtor to pay a sum of money expressed in foreign currency, a Québec authority converts the sum into Canadian currency at the rate of exchange prevailing on the day the decision became enforceable at the place where it was rendered.

The determination of interest payable under a foreign decision is governed by the law of the authority that rendered the decision until its conversion.

1991, c. 64, s. 3161.

3162.  

A Québec authority recognizes and enforces the obligations resulting from the taxation laws of foreign countries in which the obligations resulting from the taxation laws of Québec are recognized and enforced.

1991, c. 64, s. 3162.

3163.  

A transaction enforceable in the place of origin is recognized and, as the case may be, declared to be enforceable in Québec on the same conditions as a judicial decision, to the extent that those conditions apply to the transaction.

1991, c. 64, s. 3163; 2002, c. 19, s. 15.

CHAPTER II

JURISDICTION OF FOREIGN AUTHORITIES

3164.  

The jurisdiction of foreign authorities is established in accordance with the rules on jurisdiction applicable to Québec authorities under Title Three of this Book, to the extent that the dispute is substantially connected with the country whose authority is seised of the case.

1991, c. 64, s. 3164.

3165.  

The jurisdiction of a foreign authority is not recognized by Québec authorities in the following cases:

(1)   where, by reason of the subject matter or an agreement between the parties, Québec law grants exclusive jurisdiction to its authorities to hear the action which gave rise to the foreign decision;

(2)   where, by reason of the subject matter or an agreement between the parties, Québec law recognizes the exclusive jurisdiction of another foreign authority;

(3)   where Québec law recognizes an agreement by which exclusive jurisdiction has been conferred upon an arbitrator.

1991, c. 64, s. 3165.

3166.  

The jurisdiction of a foreign authority is recognized in matters of filiation where the child or either of his parents is domiciled in that country or is a national thereof.

1991, c. 64, s. 3166.

3167.  

The jurisdiction of a foreign authority is recognized in actions relating to divorce if one of the spouses had his or her domicile in the country where the decision was rendered or had his or her residence in that country for at least one year before the institution of the proceedings, or if the spouses are nationals of that country or, again, if the decision has been recognized in that country.

In actions relating to the dissolution of a civil union, the jurisdiction of a foreign authority is recognized only if the country concerned recognizes that institution; where that is the case, its jurisdiction is recognized subject to the same conditions as in matters of divorce.

1991, c. 64, s. 3167; 2002, c. 6, s. 73.

3168.  

In personal actions of a patrimonial nature, the jurisdiction of a foreign authority is recognized only in the following cases:

(1)   the defendant was domiciled in the country where the decision was rendered;

(2)   the defendant possessed an establishment in the country where the decision was rendered and the dispute relates to its activities in that country;

(3)   a prejudice was suffered in the country where the decision was rendered and it resulted from a fault which was committed in that country or from an injurious act which took place in that country;

(4)   the obligations arising from a contract were to be performed in that country;

(5)   the parties have submitted to the foreign authority disputes which have arisen or which may arise between them in respect of a specific legal relationship; however, renunciation by a consumer or a worker of the jurisdiction of the authority of his place of domicile may not be set up against him;

(6)   the defendant has recognized the jurisdiction of the foreign authority.

1991, c. 64, s. 3168.