CCQ-1991 - Civil Code of Québec

Section 3114 Disposition versions

2014-05-01

3114. In the absence of a designation by the parties, the sale of a corporeal movable is governed by the law of the State where the seller had his residence or, if the sale is concluded in the ordinary course of business of an enterprise, his establishment, at the time the contract was concluded. However, the sale is governed by the law of the State in which the buyer had his residence or his establishment at the time the contract was concluded in any of the following cases:

(1)  negotiations have taken place and the contract has been concluded in that State;

(2)  the contract provides expressly that delivery shall be performed in that State;

(3)  the contract is concluded on terms determined mainly by the buyer, in response to a call for tenders.

In the absence of a designation by the parties, the sale of immovable property is governed by the law of the State where it is situated.

1991, c. 64, a. 3114; I.N. 2014-05-01.

1994-01-01

3114. If no law is designated by the parties, the sale of a corporeal movable is governed by the law of the country where the seller had his residence or, if the sale is made in the ordinary course of business of an enterprise, his establishment, at the time of formation of the contract. However, the sale is governed by the law of the country in which the buyer had his residence or his establishment at the time of formation of the contract in any of the following cases:

(1)  negotiations have taken place and the contract has been formed in that country;

(2)  the contract provides expressly that delivery shall be made in that country;

(3)  the contract is formed on terms determined mainly by the buyer, in response to a call for tenders.

If no law is designated by the parties, the sale of immovable property is governed by the law of the country where it is situated.

1991, c. 64, a. 3114.