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

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PRIVATE INTERNATIONAL LAW 603<br />

provision for publication of security on moveable property by<br />

registration.<br />

43 Succession to moveable property is governed by the law<br />

of the domicile of the deceased.<br />

44 Succession to immoveable property is governed by the<br />

law of the place where it is actually situated.<br />

45 Burden of proof is governed by the law applicable to the<br />

substance of the case.<br />

Admissibility of modes of proof, and their probative<br />

value, are governed by the law applicable to the substance of<br />

the case, subject to any more favourable rules of the law of the<br />

court seized of the case.<br />

46 Prescription is governed by the law applicable to the<br />

substance of the case.<br />

47 Procedure is governed by the law of the court seized of<br />

the case.<br />

CHAPTER III<br />

CONFLICTS OF JURISDICTIONS<br />

48 In matters involving personal rights of a patrimonial<br />

nature, the courts of Quebec have general jurisdiction when:<br />

l.the defendant is domiciled in Quebec or, if the defendant<br />

is a legal person, if it was incorporated in Quebec or<br />

has its head office, a place of business, or a branch office<br />

for disputes relating to its activities in Quebec;<br />

2. the cause of action has arisen in Quebec;<br />

3. the parties, by an express choice of forum agreement,<br />

have submitted to Quebec courts any existing or future

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