Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

PRIVATE INTERNATIONAL LAW 601
of the unpaid vendor in the objects sold, such as security and
the right to possession or ownership, particularly by virtue of
an action in resolution or a clause of reservation of ownership,
is governed by the law of the State where the objects sold are
situated at the time of the first claim or seizure concerning
them.
In the case of a documentary sale in which the documents
represent the objects sold, the opposability, to creditors
of the purchaser, of the rights of the unpaid vendor in the
objects, is governed by the law of the State where the
documents are situated at the time of the first claim or seizure
concerning them.
37 The rights which a purchaser may set up against a third
party who claims ownership of the objects sold, or any other
real right in the objects, are governed by the law of the State
where these objects are situated at the time of the claim.
However, the purchaser retains all the rights conferred
upon him by the law of the State where the objects sold were
situated at the time he was given possession.
In the case of a documentary sale in which the documents
represent the objects sold, the purchaser retains the
rights conferred upon him by the law of the State where he
received the documents, subject to the rights granted by the
law of the State where the objects sold are situated to a third
party who presently has possession of them.
38 Except as regards the application of paragraphs 2 and 3
of the preceding article, objects sold which are either in transit
in the territory of a State, or outside the territory of any State,
are deemed situated in the State from which they were sent.
39 A hypothec on moveable property not situated within
Quebec may be created and published according to the law
applicable in Quebec.