Vérité judiciaire et stare decisis en droit privé québécois

Abstract

Is judicial truth a uniform concept, with the same meaning, or at least, the same scope in common law and civil law ? It is suggested here that it is not. The expression seems to be more accurate in common law. Judicial truth, in this legal system, is intimately linked to the stare decisis doctrine which lends it a more general and sustainable scope.What about the province of Quebec, where the civil procedure is hybrid ? Is it supposed to propagate judicial truth over time or not ? The answer is not unequivocal ; case law, including that of the Supreme Court of Canada, considers that the rule of precedent is present but watered down in the Quebec private law.

Keywords

• civil law
• common law
• stare decisis
• Quebec
• judicial truth