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776.More information
Keywords: Corps, Visagéité, Visages, Trilogie de Pan, Scission, Giono, Jean
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779.More information
This paper will explore the differences in Canadian common law and Québec civil law in relation to beneficiary-initiated variation and termination of trusts. Modification in Québec civil law focuses on giving proper effect to the intent of the settlor. This results in a far more restrictive regime than in common law Canada, which focuses on the rights of the beneficiaries. However, a rights-based model that recognizes beneficiary-initiated modification would also be compatible with Québec civil law.
Keywords: Fiducie, modification, Saunders v. Vautier, extinction d'une fiducie, modification, renonciation, fiducies de revenu, article 1294 C.c.Q., Trust, Modification, Saunders v. Vautier, Termination, Variation, Renunciation, Income Trusts, Section 1294 C.C.Q.