LES SÛRETÉS SUR LES TITRES INTERMÉDIÉS EN DROIT INTERNATIONAL PRIVÉ QUÉBÉCOIS
Keywords:security, hypothec/mortgage, securities, security entitlement, conflicts of laws, private international law, harmonization of laws, comparative law, financial law
Quebec’s conflict of laws rules for financial security entitlements apply a revolutionary connecting factor based on the law freely chosen by the parties to govern the proprietary aspects of transactions, including toward third parties. The rights of third parties are therefore established based on a subjective, very often secret, factor. Today, nearly 12 years after these rules entered into force, they remain mysteriously little known to practitioners. How do these rules apply to international financing transactions? Are they compatible with our civil law tradition?
Our answer will be based on a comparative analysis of Canadian, Swiss and American law, against the backdrop of conventional law.
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