Frequently Asked Questions

A contract is an agreement of will between two or more people. In general, an oral contract is as valid as a written contract and it binds the contracting parties in the same way. Under the Civil Code of Quebec, a contract is formed by the sole exchange of consent between persons capable of contracting.

However, certain types of contracts require a particular form, even “solemn”. This is the case, among others, of the marriage contract, the mandate in case of incapacity and the constitution of a mortgage. The law imposes written form for these contracts, as well as other specific formalities, both for the conclusion of the engagement and for any subsequent modification. In addition, it can sometimes be difficult to prove the existence of a verbal contract.

• Authentic (or notarized) will: this will is always received by a notary and a witness (or two witnesses in some cases).
• Holograph will: this will must be entirely handwritten by the testator. This means that the law does not allow the testator to use a typewriter, computer or any other technical means to write the will. The testator must sign the will him- or herself, but the presence of witnesses is not required.
• Will made before witnesses: the testator does not have to write the will by hand. The will may be typewritten, but it must be signed by the testator or by a third party on the testator’s behalf, in the testator’s presence and according to his or her instructions. The testator must declare that the will is his or hers in the presence of two witnesses who meet specific requirements. These witnesses must also sign the will in the presence of the testator.

The legal framework for civil union is patterned on the one for marriage, which means that civil union couples are subject to the rules on the effects of marriage. The rights and obligations are the same. The marriage provisions on contribution to household expenses and responsibilities, protection of the family residence, family patrimony and compensatory allowance also apply to civil unions. Just like married spouses, civil union couples owe each other respect, fidelity, succour and assistance. They also qualify as legal heirs if their spouse dies without a will.

As in marriage, civil union spouses can stipulate in their notarized civil union contract whether they choose the regime of separation as to property or partnership of acquests. They can change regimes by mutual agreement during their union, but this change must be executed before a notary. In addition, civil union spouses may choose an unequal division of the property comprising the family patrimony and may decide to end their union by a notarized joint declaration and transaction contract, without court intervention, unless common children are involved.

SENCRL is a legal structure of organizations that limits the extent of an economic loss to assets invested in the organization and that keeps the personal assets of investors and owners off-limits.

This means the member of a professional order can carry out his professional activities without being personally liable for the obligations of the partnership or of another partner arising from faults or negligence committed by the latter.