A question of trust : an analysis and a comparative assessment of the new Quebec trust

The trust of the new Civil Code of Quebec of 1994 relies on the innovative juridical framework of "patrimony by appropriation". The present thesis analyzes the new trust and situates it within a broader perspective through comparisons with the Common law trust and an examination of the alternative approaches to fiduciary institutions in Civil law jurisdictions. The notion of patrimony by appropriation implies that the corpus of the Quebec trust constitutes ownerless property. Despite its novelty, we find that the concept is compatible with the civilian theories of droit subjectif and patrimony, as well as with the other parts of the new Code. The Quebec solution is also able to emulate most of the Common law trust's functional advantages, namely its versatility and flexibility, efficient management and protection of the beneficial enjoyment. Close attention is given to the intricate analysis of the beneficiary's legal position.The examination of alternatives to the Quebec approach reveals that several theoratical constructions may be complemented by specific provisions furnishing the necessary functional advantages. It is precisely these accompanying features which will largely determine the success of a general fiduciary institution adopted in Civil law countries. Since the new Quebec trust is endowed with both a satisfactory conceptual framework and an advantageous juridical regime, it should be considered as an interesting model by jurisdictions attempting to introduce a modern trust-like device