Abstract
The common law and civil law systems are generally considered as ostensibly different. They are nevertheless faced with similar challenges in terms of fact situations needing to be resolved. In this respect, the comparative analysis between the Canadian constructive trust and the French negotiorum gestio proves to be relevant. While the French negotiorum gestio is the remnant version of the original Roman law institution using the same latin name, the constructive trust was developped by the courts of common law through the doctrine of Equity. Hence, if these institutions are objectivley highly different from a technical standpoint, their comaprison may bring us to the conclusion that both are founded on concurring rationales, that is developing a necessary obligatory lien when neither contract law or tort law can apply
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