CCQ-1992 - Act respecting the implementation of the reform of the Civil Code

Section 162 Disposition versions

1999-09-17

162. (Repealed).

1992, c. 57, s. 162; 1998, c. 5, s. 19.

1994-01-01

162. Where the new legislation, contrary to the former legislation, imposes publication formalities in order to render rights effective or able to be set up against third persons, and in particular in the cases provided for in sections 98, 107 and 137, rights created previously are maintained and preserve their original opposability, provided they are published in the appropriate register within 12 months after publication, by the Minister of Justice, in the Gazette officielle du Québec, of a notice indicating that the register of personal and movable real rights is fully operational, from the date it indicates, for the publication of such rights. A notice of the publication in the Gazette officielle du Québec is also given in the daily newspapers published in Québec or, as the case may be, distributed in Québec.

Until the date fixed by the Minister, the third paragraph of article 2938 and article 2939 of the new Code do not apply and the notice of intention to exercise a hypothecary right is exempt from registration.

However, from the date fixed by the Minister, no notice of intention to exercise a hypothecary right may be registered unless the right on which it is based is published.

1992, c. 57, s. 162.