Approximately 700 pages
1 volume bound
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Studies on the Quebec Law of Trust
This English-language text represents the first comprehensive study of the law by an experienced practitioner of trust in the province of Quebec. The author draws on his 50 years of experience as an estates and trusts practitioner to trace the history, theory and scope of the new institution of the trust in Quebec. He examines the forces that gave rise to the need for the civil law to develop a trust vehicle, and the innovative solution which enabled this to be done without doing violence to the basic principles of the civil law. In a system that cannot accommodate the common law's division of title - legal and equitable - the same results are achieved through a synthesis of the legal recourses given to each actor by broad statutory provision. The author provides extensive examples of the uses of the civil law trust, pointing out contrasts with the common law trust. This authoritative text will be of interest, not only to Quebec lawyers, but to any lawyers who deal with personal or commercial trusts, and to students and scholars of comparative law. Especially in today's mobile world, this book is an invaluable resource to solicitors dealing with cross-border estates or commercial interests. As stated by the Honourable Charles D. Gonthier, retired Justice of the Supreme Court of Canada, in his Preface to the book, the trust is a "legal instrument of great economic and social significance," and "this work is a major contribution to the understanding of the trust under the Quebec Civil Code from a practitioner's point of view."
About the Author