La banqueroute au Bas-Canada : une étude des années 1840-1849

The author examines the introduction of the practice of bankruptcy in Montreal, a procedure incorporated into Lower Canada's legal institutions in 1839. The author examines the relations between insolvent traders and their creditors during the first half of the nineteenth century from both a social and a legal perspectives. The economic difficulties of the 1820's and the inefficiency of the existing legal means for debt recovery were among the main arguments invoked by the traders of Montreal in their demands for the implementation of a bankruptcy procedure. The author's research indicates that these demands were not mainly expressed by the wealthiest creditors. The bankruptcy procedure responded more to the needs of ordinary creditors such as artisans, tavern keepers and bakers whose credit was central to the production and trade of goods. The author argues that the bankruptcy procedure allowed ordinary creditors to audit and control debtor's transactions, and to constrain other creditors to accept re-payment compromise.

Master's thesis

McGill University

Montreal

1994

v-106p

fr