Unauthorized Dispositions of Trust Property: Tracing in Quebec Law
McGill University - Faculty of Law - Paul-André Crépeau Centre for Private and Comparative Law; King's College London – The Dickson Poon School of Law
August 26, 2013
(2013) 58 McGill L.J. 795-809
The Quebec trust, which forms part of a civilian conception of the way that rights are held in private law, has a very different conceptual structure from the common law trust. This article examines whether the Quebec law of trusts can permit specific claims to the traceable proceeds of trust property that has been wrongfully alienated by a trustee. It argues that it can do so, using the civilian concept of real subrogation.
Keywords: trusts, civil law, tracing, real subrogation, Quebec, remedies
JEL Classification: K10, K11, K42Accepted Paper Series
Date posted: August 28, 2013 ; Last revised: December 4, 2013
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