Thesis
French
ID: <
http://hdl.handle.net/20.500.11794/23743>
Abstract
Table of Honour of the Faculty of Higher and Postdoctoral Studies, 2012-2013. “The trust has sparked a lot of inks in Quebec. However, few studies are undertaking an understanding of its true nature and its strange effects on the conceptual architecture of Quebec private law. By choosing the special-purpose assets as the emule of the Anglo-saxon trust at the time of the last codification, the legislator did not simply replace the civilist envelope of the trust, it truly transformed the legal plan: with the introduction of the special-purpose trust, the rights now have two ways of being, either belonging to a person of law or affected. The study has three components: the first concerns the nature of the Quebec trust and attempts to delineate the parameters of the current trust; the second relates to legal culture and puts into perspective the bold choice of legislator; the last one seeks to question the impact of such a change. Do the special-purpose assets and the rights without holders that derive from them form part of the current architecture of the Quebec Civil Code?’