Achieving Unity in the Interpretation of Federal Private Law:
Legal Framework and Fragments of Judicial Discourse

Philippe Denault ©

Table of Contents

• Index
• Acknowledgements
• List of Abbreviations
• Frequently Cited Legislation
• Introduction
• I. Interpretation of Federal Legislation in the Absence of Formal Unity of Federal Private Law
  • A. Absence of Unity: Interaction between Federal Legislation and Provincial Private Law
    • 1. Historical and Constitutional Framework
      • (a) Reception of Private Law
      • (b) Division of Powers
    • 2. Suppletive Function of Provincial Law
      • (a) Absence of Federal Common Law
      • (b) Complementarity of Provincial Law
  • B. Seeking Unity: Interpretation of Federal Private Law Legislation by the Judiciary
    • 1. Applicable Principles of Interpretation
      • (a) Integrated Comprehensive and Complementary Approach
      • (b) Specific Problems: Circumscribing Complementarity
        • (1) Grammatical Method
        • (2) Logical Sequence of Interpretation
        • (3) Federal Law as opposed to Jus Commune
    • 2. Judicial Power to Unify Federal Private Law in Formal Terms
      • (a) Power/Ability
      • (b) Power/Jurisdiction
• II. Strategies for Unifying Federal Private Law
  • A. Procedures for Determining Uniformity of Conception of Legislation
    • 1. Unification of Terminology: Ordinary Meaning
    • 2. Unification of Legislation: Complete Code
    • 3. Unification of External Sources: One-dimensional Meaning
      • (a) Autonomous Meaning
      • (b) Equivalent Meaning
      • (c) Predominant Meaning
  • B. Procedures for Determining Uniformity in Application of Legislation
    • 1. Unification Relating to Fairness: Equality of Individuals
    • 2. Unification Relating to Purpose: Object of the Legislation
    • 3. Unification Relating to Authority: Power of Parliament
• Conclusion
• Appendix
• Table of Legislation
• Table of Judgments
• Bibliography