12 Pages Posted: 28 Aug 2013 Last revised: 18 Sep 2014
Date Written: August 26, 2013
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: 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