L'APPLICATION EN DROIT CIVIL QUEBECOIS DE L'INAPPLICABLE EQUITABLE SET-OFF DE COMMON LAW

Authors

  • ANDRE BELANGER

Abstract

In Quebec civil law when debtors are compelled to pay their debts to a trustee without compensation as against the bankrupt, there appears to be injustice, and the court may exercise its equitable jurisidiction. However, allowing compensation for the right of ordinary creditors amounts to giving them benefits similar to that of preferred creditors. In the Quebec Court of Appeal decision, Structal (1982) Inc. vs Fernand Gilbert Ltee, the court attempted to respond to this problem with a common law rule: the equitable set off. This common law solution is open to criticism in a civil law context.

Keywords:

Debtor/Creditor

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Published

1999-09-01

Issue

Section

Legal Commentary

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