LE DIALOGUE ENTRE LEGISLATION FEDERALE ET PROVINCIALE EN MATIERE D’HYPOTHEQUE LEGALE RESULTANT D’UN JUGEMENT : L’AFFAIRE 3095-7252 QUEBEC INC C MICKECK JACYNO
Keywords: Civil Code of Quebec, legal mortgage, legal mortage resulting from decision, Bankruptcy and Insolvency Act
AbstractThis paper seeks to stimulate dialogue between federal legislation, often inspired by the common law, and provincial legislation of Quebec, inspired by the civil law. It does so in the context of the impact of the Bankruptcy and Insolvency Act on the choice of recourse involving a legal hypothec, that is, one resulting from a judgment under the Civil Code of Québec. This discussion transpires in the light of the Quebec Court of Appeal’s judgment in 3095-7252 Quebec inc v Mickeck Jacyno. This paper addresses the the character of the legal hypothec resulting from a judgment as well as the relationship between provincial and federal legislation in the insolvency context. It also addresses the effects of discharge of a bankrupt debtors on the survival of their hypothecs.
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