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The Positron Decision<br />
What the decision did not say (the question was never<br />
asked):<br />
- That a hypothec granted in favour of a person holding the<br />
power of attorney of creditors must secure a title of<br />
indebtedness issued by a corporation, limited partnership<br />
or trustee (that article 2692 CCQ should also be read a<br />
contrario).<br />
- 2692 CCQ is, however, the only article in the CCQ that<br />
refers to a hypothec granted in favour of a person who is<br />
not necessarily the creditor.<br />
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