This paper deals with the interaction of insolvency and secured transactions law in a “bijural” jurisdiction, composed of sub-jurisdictions that come from different legal origins. It gives an introduction to bijuralism and then examines an example, namely the interaction of Canadian insolvency law and provincial secured transactions law. It stresses the different origins of Anglo-Canadian law and Québec law, in particular the difference in property law between the two and how it affects secured transactions law. It argues that given these fun- damental differences, the provinces have achieved a relatively harmonized secured transac- tions law. The paper goes on to compare the interaction in Canada with the interaction of European law and the law of EU member states. While the Canadian experience can serve as an example for the interaction in Europe, it also demonstrates shortcomings that need to be addressed in Canada as well as by a European insolvency legislator.
| Identifer | oai:union.ndltd.org:TORONTO/oai:tspace.library.utoronto.ca:1807/33712 |
| Date | 03 December 2012 |
| Creators | Bornheim, Jan Jakob |
| Contributors | Duggan, Anthony |
| Source Sets | University of Toronto |
| Language | en_ca |
| Detected Language | English |
| Type | Thesis |
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