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Alternative title:

A private international law comparative study of the polish "hipoteka" and Quebec's "hypotheque"

Subject and Keywords:

mortgage   hypotheque   security rights   Canadian law   Quebec law   private international law

Abstract:

Polish hipoteka and Quebec’s hypotheque constitute security rights which are commonly used in their legal systems to secure contractual obligations of various type. Both have been extensively elaborated in legal doctrine and case-law; although mainly from the perspective of the national substantive and procedural law. In times of increased human and capital mobility, more and more conflicts concerning legal issues regarding these institutions may arise. Therefore, this article focuses on the private international law perspective and refer to the substantive law of Poland and Quebec only in scope necessary for private international analysis. It shows how institutions such as hipoteka or hypotheque shall be treated by the Polish or Quebec courts in cases having a foreign element and what conflict of laws problem may arise in reference to them

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2018

Date copyrighted:

2018

Resource Type:

text

Detailed Type:

czasopismo online

Identifier:

ISSN 0137-1134

DOI:

10.19195/0137-1134.112.14

Source:

PAd P 101660 II

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis. Przegląd Prawa i Administracji, ISSN 0137-1134. T. 112 (2018), s. 209-232

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Tomasz Tomczak

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