Sunday, September 22, 2013
Article on Quebec Trusts
Lionel Smith (McGill University - Faculty of Law - Paul-André Crépeau Centre for Private and Comparative Law) recently published an article entitled, Unauthorized Dispositions of Trust Property: Tracing in Quebec Law, Wills, Trusts, & Estates Law eJournal, Vol. 9, No. 25 (Sept. 18, 2013). Provided below is the abstract from SSRN:
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.