University of Sherbrooke Faculty of Law, Room A7-235
Workshop with Alexandra Popovici, professor at the University of Sherbrooke Faculty of Law.
This presentation follows Alexandra Popovici's recent work on the conceptual architecture of the Civil Code of Québec and the social function of private law. It seeks to understand if it is possible to act in a disinterested manner in private law. To do so, it will address the fascinating notion of the “interested person” as it is found in the Civil Code. Although in general only a person having a personal and immediate interest in a dispute can petition the court, the legislator has authorized, in certain particular situations, an “interested person” to seize the court even though this person has no personal interest to claim. Who then is this interested person? Is she acting in her own name or in the name of another? And what is the nature of her interest? Is it an interest without a right? A right without an interest? Is it even possible to separate these two notions? Shedding light on these questions will help us gain a critical insight into private rights as they are understood today.
*The presentation will take place in French*