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Trusts in Quebec
Book chapter
Is part of
The law of trusts : a contextual approach (4th editionth ed.) ;Publisher(s)
Emond publishingAffiliation
Abstract(s)
The use of the trust is a relatively new phenomenon in Quebec. Although some form of a
trust was provided for in the 19th century, this civil law version was extremely limited in its
operation and posed a number of significant theoretical problems that were never clearly
resolved. Foremost among these was the fact that the common law’s distinction between
equitable and legal ownership did not sit well with the civil law notion of absolute ownership.
The modern Code civil du Québec1
(CcQ) altered this situation with a dramatic reconfiguring
of the law of trusts by creating a civil law version of the trust that not only addressed the
theoretical problems but provided for a more versatile form of trust better suited to modern
commercial and property law principles.
Note(s)
Chapitre 17Collections
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