Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

XXXIII
objective (such as conditional sales, sales with a right of
redemption). Consider also the diversification in the hypothecary
recourses, and the abolition of all privileges.
Lease and hire of work, whose name was as out-of-date
as the rules governing it, has been replaced by the three types
of contract actually in use: the contract of employment, the
contract for services, and the contract of enterprise. A contract
of arbitration with respect to both present and future disputes,
whose validity is fully recognized, takes its rightful place in the
Draft.
The law on evidence also underwent certain changes,
the objects of the principal ones being the codification of
customary rules and an increased emphasis on testimony. One
proposed rule which deserves to be mentioned and whose
necessity is more and more obvious would allow the courts to
refuseproprio motu illegally obtained evidence.
The process of modernization led to a simplifying of the
law of prescription and a centralization of the system governing
acts of civil status. Here, as in the field of registration of
real rights, the reform presupposes the establishment of data
processing equipment like that which exists in a number of
neighbouring jurisdictions, without which the application of
an up-to-date and effective legal system would be severely
hampered.
Finally, the desire to codify, and occasionally to clarify,
jurisprudential solutions, and to make the Civil Law conform
to international texts as applied in a number of countries,
inspired many innovations which are found more particularly
in the chapter on the contract of transport, and in the Book on
Private International Law which would be the final Book in
the new Civil Code.