YvonBlais/Thomson Reuters
This text is published in La Référence, Éditions Yvon Blais EYB2023REP3639.
Maxime Rhéaume has written an article for Thomson Reuters on the review of the concept of the monetary claim introduced into the Civil Code of Quebec in 2016, in the light of court decisions. In particular, this review identifies situations where this form of security may be appropriate, and distinguishes it from the mechanism of compensation.
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The American system;
The definition of the monetary claim;
The exclusions from the definition o the monetary claim
the monetary claim: Bilateral relationship / distinction with the compensation
The monetary claim: tripartite relationship
The creation of a hypothec with delivery on a monetary claim
The rank of a hypothec with delivery charging a monetary claim
Some examples of situations involving monetary claims