LA DISTRIBUTION ET LA FRANCHISE INTERNATIONALES EN DROIT INTERNATIONAL PRIVE QUEBECOIS

Abstract

Ideally Quebec private international law applicable to marketing and franchise agreements would guarantee the parties' choice of law. However the absence of specific rules raises the question whether or not general principles can be resolutive. For example while Article 3111 of the Civil Code allows the parties some degree of choice that is subject to the policies underpinning Articles 3076 and 3079 which seek to protect the weaker parties and their respective business interests. Where choice is restricted then the precise nature of the particular transaction may determine the applicable law resulting in difficulties arising from the differing domiciliary laws of the parties. The writer believes, however, that the present laws of Québec are sufficiently flexible to cater to the choices of the parties without violating the legal policies of Québec.