THE DOCTRINE OF FINS DE NON-RECEVOIR IN QUEBEC LAW (WITH A COMPARATIVE ANALYSIS OF THE ENGLISH DOCTRINE OF ESTOPPEL)
AbstractThe term fins de non-recevoir and estoppel are often used interchangeably. Because of this, the author undertakes a comparative analysis of the two doctrines in order to determine whether the French and English ideas are the same. She examines the nature and background of each doctrine and when and how each is invoked. She surveys the jurisprudence to illustrate the application of the French doctrine in Quebec, and outlines the constituent elements of estoppel before examining it in relation to the Quebec law of mandate. The article concludes with the author’s view that the doctrines are distinguishable and a summary of those distinguishing characteristics.
Keywords:Comparative Law, Estoppel
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