(R)évolution en matière de libéralités : L’exemple de la liberté testamentaire au Québec

"In Canada, Quebec is the only province to have a legal system under which civil matters are regulated by Civil Code and not common law. Nonetheless, Quebeckers had unlimited “freedom of willing” until 1989. Henceforth, although remain free determine via their last wills testaments whom they wish bequeath property, margin freedom limited legislative measures governing survival obligation provide support after death partitioning family patrimony. Such limitations on based upon interpretation public order whereby deceased must share value given property with his or her spouse look immediate family’s need for support. Despite this, makes still no provision, as in French law, an “undisposable estate” (réserves héréditaires) it fitting question reasons motivating this decision. The author attempts identify social context came be limited. As such, she seeks make known material sources underpinning adoption Bill that introduced primary bequeath. Her study shows within framework discussions relevancy limit freedom, issue being debated shifted its objective. Participants widened initial debate then focused transmission patrimony redefining encompass questions sharing assets. This transformation contributes explain how law successions has drawn closer law."