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While in the other provinces and stateside
common law governs the relationship between PRIVATE PERSONS within each province,or state
in Quebec Louisiana the Civil Code inspired by the law of France, applies. This major
difference has consequences, inter alia, with respect to the laws governing
contracts, torts and property.PRIVATE persons
Civil Code of the Louisiana and Quebec a trademark is considered
as an incorporeal moveable property. Unless otherwise provided for by
agreement between the parties, such property is governed by the law of the
domicile of its owner. But the law Quebec is applicable
whenever the question involved relates to the nature of the property and to
the jurisdiction of the courts and While it is possible for parties to a license agreement to elect domicile in a
foreign jurisdiction and to determine the law under which the agreement
will be governed, it must be remembered that the courts of the defendant
party are often the only courts able to issue effective injunctive orders against
the defendant and to award damages to the plaintiff. For instance, a
judgment rendered in California cannot be enforced in Quebec unless
confirmed by a decision of a Quebec court recognizing the foreign
judgment.also Louisiana and Quebec still a french territory linguistically and legalistically speaking
Last edited by xparte; 06-01-15 at 12:24 AM.
Reason: private person vs corporate person
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