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Accession is the union of two possessions which leads to the eviction of the least important one's owner. It is of benefit to the other one, on condition that he or she gives the former one compensation. This work purpose is to explain the juridical mecanism leading to such effects. The doctrine gives a fragmented analysis of the last mentioned; the acquisition and extinguishment of property would be the result both necessary and automatic of the union ot two corporeal properties. Later however, a restoring based on law would compensate for this property imbalance thanks to the foundation of enrichment without cause and ot the debt of value. Thus, being so strict, such a mecanism leads to criticisms ans disinterest. This works aims to defend a unitary approach to accession. Reconsidering the hypothesis for which accession is legitimately at stake, it turns out that its effects are not laid down, as far as the ownership of the least important possession is concerned. They are rather dictated by positive law; the structural and economic unity created by two possessions must be upheld, beyond the divergences of their appropriation. Accession is thus a real juridical rule that has to be explained. In concrete terms, combining possessions brings about a conflict between their respective owners; they can't make use of their possessions in an exclusive way anymore. So the eviction of the owner of the least important possession will end up the conflict. Such an eviction is the outcome ot the rejection of the action that he or she brings against the main possession's owner. But this action is only rejected as far as it aims to obtain restitution of the possession itself : it can still thrive to obtain its only value. The indemnity paid on the account of accession thus appears as the claim the owner makes to be paid what his or her possession is worth. In this way, the unity of the mecanism of accession is maintained in its two major effects, ei eviction and compensation for the owner ot the least important possession.
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This article reviews in a comparative perspective the regulations of different Western legal Systems on the cases of absence, disappearance and the presumption of death. Continental Systems are considered in the first place, from their two main historical sources, the French and the Germanie. The common law Systems are studied then, from their origins in the English law to their developments in the American common law and other mixed jurisdictions. The effects of the declaration of presumptive death are scrutinized comparatively, under different common categories. The study ends with an analysis of the tendencies underlying the developments found in this legal institution. The first outstanding tendency is one that progressively distinguishes the cases of absence from those of disappearance, both of them frequently confused in many legislations. Another One in the development of this subject is the separation being made between the genuine cases of disappearance, with doubt about life or death, from those of a certain death lacking the evidence of the corpse. One last legislative trend the article perceives is a strong tension between a position that considers the presumption of death as a declarative judgement, rebutta-ble with the evidence of life, and a view that understands it as being a judicially constituted status, its effects ending with the appearance of the disappeared person.
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The following text examines the provisions under the Civil Code of Québec pertaining to contracts of adhesion, and more specifically to article 1437 in which courts are allowed to reduce or nullify obligations arising from abusive clauses in such contracts.
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The Supreme Court's influence on the law of the Civil Code ofLower Canada was so determining that it demonstrates that jurisprudence can be a true source of law. In the reform of the Civil Code, not all holdings of the Court were followed by the legislature, but the majority, and the most significant ones were codified. The dark era of the systematic «uniformisation» of Quebec law with the common law is over, nowadays the Court's approach to the civil law is enriched by well-conceived and respectful comparative law. This is yet another reason to regret that so few civil law decisions are handed down by the Court.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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