LES PERSPECTIVES EN DROIT CIVIL QUEBECOIS DE LA REFORME DES REGLES RELATIVES A L'EFFET DES DECISIONS ETRANGERES AU CANADA (2IEME PARTIE)

Authors

  • GERALD GOLDSTEIN
  • JEFFREY TALPIS

Abstract

This article reviews the new provisions in the law of Quebec with respect to the recognition of foreign judgments and sets out the appropriate policies in this area of the law. The writers reveal some potential problems as well as reviewing those already in evidence. They suggest some desirable changes and examine their implementation both within and outside Canada. The authors continue with a review of the alterations to the law brought about by the constitutionalization of conflicts of laws by the judgments in Morguard and Hunt and the importance for Quebec of the positions adopted by the Uniform Law Commissioners in 1991 and those proposed in 1994. The writers note that these positions only partially address the problems they have identified and they prefer a multilateral initiative based upon ideas developed in the negotiations at the Hague and they support Canada's active participation therein.

Keywords:

Legal Theory

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Published

1996-03-01

Issue

Section

Legal Commentary

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