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Unauthorized Dispositions of Trust Property: Tracing in Quebec Law

12 Pages Posted: 28 Aug 2013 Last revised: 18 Sep 2014

Lionel Smith

McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law

Date Written: August 26, 2013

Abstract

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, K42

Suggested Citation

Smith, Lionel, Unauthorized Dispositions of Trust Property: Tracing in Quebec Law (August 26, 2013). (2013) 58 McGill L.J. 795-809. Available at SSRN: https://ssrn.com/abstract=2316340

Lionel Smith (Contact Author)

McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law ( email )

3690 Peel Street
Montreal, Quebec H3A 1W9
Canada
514-398-4670 (Phone)
514-398-4659 (Fax)

HOME PAGE: http://www.mcgill.ca/law/about/profs/smith-lionel

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