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LWSO 203 (56)
Lecture

LWSO203FrenchLegalHistory.docx

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Department
Law and Society
Course
LWSO 203
Professor
Marywyatt Sindlinger
Semester
Winter

Description
01/18/13 Historical Development of Canadian Law French Influences 1) French Colonization of North America Jacques Cartier: 1 European to sail up the St. Lawrence (1534-35) Purposes of discovery: religious and economic - Looking for passage to the west - To enter into the fur trade - Bringing Catholicism to the First Nations Samuel de Champlain: Founder of New France (1608) Economic Activities: fur trade, obtain rights of exploration - If you get there first; you have the right to resources - Making alliances with First Nations Governance: left to private companies in return for exclusive right to resources Religious: Many missionaries, few conversions - first to establish a building  habitation Roi Lous XIV: 1663 Control of colony returned to the King - Made New France a province of France Governance: Governeur and Intendent - Governeur: external matters - Intendent: internal matters Filles de Roi – French women to marry settlers 2) French Law – Coutume de Paris (1663) Coutume= custom - Contract law: fairness over certainty o The Paris custom emphasizes fairness of contract over certainty. - Preservation of family property o Real property = land/any property with resources o Imposed a feudal system on land holdings  All land holdings belong to the King  King assigns the land to the seigneurs and
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