Unauthorized Dispositions of Trust Property: Tracing in Quebec Law

Abstract

The Quebec trust, which forms part of a civilian conception of the way that rights are held in private law, has a very different conceptual structure from the common law trust. This article examines whether the Quebec law of trusts can permit specific claims to the traceable proceeds of trust property that has been wrongfully alienated by a trustee. It argues that it can do so, using the civilian concept of real subrogation.

Keywords: trusts, civil law, tracing, real subrogation, Quebec, remedies

JEL Classification: K10, K11, K42