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Court Decisions
CCQ-1991
- Civil Code of Québec
Summary
Regulations
17
Alphanumeric
Title
CCQ, r. 1
Regulation under article 1614 of the Civil Code respecting the discounting of damages for bodily injury
CCQ, r. 2
Regulation respecting the minimum market capitalization of a company for the purposes of paragraph 9 of article 1339 of the Civil Code
CCQ, r. 3
Rules respecting the solemnization of civil marriages and civil unions
CCQ, r. 3.1
Regulation respecting the solemnization of marriages and civil unions
CCQ, r. 4
Regulation respecting change of name and of other particulars of civil status and substitution of the usual given name
CCQ, r. 5
Regulation respecting the publication of a notice of tardy declaration of filiation
CCQ, r. 5.1
Regulation respecting the publication of a notice of marriage or civil union
CCQ, r. 6
Regulation respecting land registration
CCQ, r. 7
Order in Council respecting recognition of stock exchanges for the purposes of paragraph 9 of article 1339 of the Civil Code
CCQ, r. 8
Regulation respecting the register of personal and movable real rights
CCQ, r. 9
Regulation respecting the liability of carriers by water
CCQ, r. 10
Tariff of duties respecting acts of civil status, change of name or of designation of sex and substitution of the usual given name
CCQ, r. 11
Regulation respecting the keeping and publication of the register of civil status
P-34.1, r. 2
Regulation respecting the adoption without a certified body of a child domiciled outside Québec by a person domiciled in Québec
T-15.01, r. 3
Regulation respecting mandatory lease forms and the particulars of a notice to a new lessee
T-16, r. 9
Tariff of Court Costs in Civil Matters and Court Office Fees
T-16, r. 10
Tariff of judicial fees in civil matters
Full text
Current Version
Detailled Table of Contents
Updated to 13 June 2019
BOOK
ONE
PERSONS
TITLE
ONE
ENJOYMENT AND EXERCISE OF CIVIL RIGHTS
TITLE
TWO
CERTAIN PERSONALITY RIGHTS
CHAPTER
I
INTEGRITY OF THE PERSON
DIVISION
I
CARE
DIVISION
II
CONFINEMENT IN AN INSTITUTION AND PSYCHIATRIC ASSESSMENT
CHAPTER
II
RESPECT OF CHILDREN’S RIGHTS
CHAPTER
III
RESPECT OF REPUTATION AND PRIVACY
CHAPTER
IV
RESPECT OF THE BODY AFTER DEATH
TITLE
THREE
CERTAIN PARTICULARS RELATING TO THE STATUS OF PERSONS
CHAPTER
I
NAME
DIVISION
I
ASSIGNMENT OF NAME
DIVISION
II
USE OF NAME
DIVISION
III
CHANGE OF NAME
§
1
General provision
§
2
Change of name by way of administrative process
§
3
Change of name by way of judicial process
§
4
Effects of a change of name
DIVISION
IV
CHANGE OF DESIGNATION OF SEX
DIVISION
V
REVIEW OF DECISIONS
CHAPTER
II
DOMICILE AND RESIDENCE
CHAPTER
III
ABSENCE AND DEATH
DIVISION
I
ABSENCE
DIVISION
II
DECLARATORY JUDGMENT OF DEATH
DIVISION
III
RETURN
DIVISION
IV
PROOF OF DEATH
CHAPTER
IV
REGISTER AND ACTS OF CIVIL STATUS
DIVISION
I
OFFICER OF CIVIL STATUS
DIVISION
II
REGISTER OF CIVIL STATUS
DIVISION
III
ACTS OF CIVIL STATUS
§
1
General provisions
§
2
Acts of birth
§
3
Acts of marriage
§
3.1
Acts of civil union
§
4
Acts of death
DIVISION
IV
ALTERATION OF THE REGISTER OF CIVIL STATUS
§
1
General provision
§
2
Preparation of acts and notations
§
3
Rectification and reconstitution of an act and of the register
DIVISION
V
PUBLICATION OF THE REGISTER OF CIVIL STATUS
DIVISION
VI
REGULATORY POWERS RELATING TO THE KEEPING AND PUBLICATION OF THE REGISTER OF CIVIL STATUS
DIVISION
VII
Authorities competent to issue Aboriginal customary adoption certificates
TITLE
FOUR
CAPACITY OF PERSONS
CHAPTER
I
MAJORITY AND MINORITY
DIVISION
I
MAJORITY
DIVISION
II
MINORITY
DIVISION
III
EMANCIPATION
§
1
Simple emancipation
§
2
Full emancipation
§
3
Certificate of emancipation
CHAPTER
II
TUTORSHIP TO MINORS
DIVISION
I
TUTORSHIP
DIVISION
II
LEGAL TUTORSHIP
DIVISION
II.1
Suppletive tutorship
DIVISION
III
DATIVE TUTORSHIP
DIVISION
IV
ADMINISTRATION OF TUTORS
DIVISION
V
TUTORSHIP COUNCIL
§
1
Role and establishment of the council
§
2
Rights and obligations of the council
DIVISION
VI
SUPERVISION OF TUTORSHIPS
§
1
Inventory
§
2
Security
§
3
Reports and accounts
DIVISION
VII
REPLACEMENT OF TUTOR AND END OF TUTORSHIP
CHAPTER
III
PROTECTIVE SUPERVISION OF PERSONS OF FULL AGE
DIVISION
I
GENERAL PROVISIONS
DIVISION
II
INSTITUTION OF PROTECTIVE SUPERVISION
DIVISION
III
CURATORSHIP TO PERSONS OF FULL AGE
DIVISION
IV
TUTORSHIP TO PERSONS OF FULL AGE
DIVISION
V
ADVISERS TO PERSONS OF FULL AGE
DIVISION
VI
END OF PROTECTIVE SUPERVISION
TITLE
FIVE
LEGAL PERSONS
CHAPTER
I
JURIDICAL PERSONALITY
DIVISION
I
CONSTITUTION AND KINDS OF LEGAL PERSONS
DIVISION
II
EFFECTS OF JURIDICAL PERSONALITY
DIVISION
III
OBLIGATIONS AND DISQUALIFICATION OF DIRECTORS
DIVISION
IV
JUDICIAL ATTRIBUTION OF PERSONALITY
CHAPTER
II
PROVISIONS APPLICABLE TO CERTAIN LEGAL PERSONS
DIVISION
I
FUNCTIONAL STRUCTURE OF LEGAL PERSONS
§
1
Administration
§
2
General meeting
§
3
Provisions common to meetings of directors and general meetings
DIVISION
II
DISSOLUTION AND LIQUIDATION OF LEGAL PERSONS
BOOK
TWO
THE FAMILY
TITLE
ONE
MARRIAGE
CHAPTER
I
MARRIAGE AND SOLEMNIZATION OF MARRIAGE
CHAPTER
II
PROOF OF MARRIAGE
CHAPTER
III
NULLITY OF MARRIAGE
CHAPTER
IV
EFFECTS OF MARRIAGE
DIVISION
I
RIGHTS AND DUTIES OF SPOUSES
DIVISION
II
FAMILY RESIDENCE
DIVISION
III
FAMILY PATRIMONY
§
1
Establishment of patrimony
§
2
Partition of patrimony
DIVISION
IV
COMPENSATORY ALLOWANCE
CHAPTER
V
MATRIMONIAL REGIMES
DIVISION
I
GENERAL PROVISIONS
§
1
Choice of matrimonial regime
§
2
Exercise of rights and powers arising out of the matrimonial regime
DIVISION
II
PARTNERSHIP OF ACQUESTS
§
1
Composition of the partnership of acquests
§
2
Administration of property and liability for debts
§
3
Dissolution and liquidation of the regime
DIVISION
III
SEPARATION AS TO PROPERTY
§
1
Conventional separation as to property
§
2
Judicial separation as to property
DIVISION
IV
COMMUNITY REGIMES
CHAPTER
VI
SEPARATION FROM BED AND BOARD
DIVISION
I
GROUNDS FOR SEPARATION FROM BED AND BOARD
DIVISION
II
PROCEEDINGS FOR SEPARATION FROM BED AND BOARD
§
1
General provision
§
2
Application and proof
§
3
Provisional measures
§
4
Adjournments and reconciliation
DIVISION
III
EFFECTS BETWEEN SPOUSES OF SEPARATION FROM BED AND BOARD
DIVISION
IV
EFFECTS OF SEPARATION FROM BED AND BOARD ON CHILDREN
DIVISION
V
END OF SEPARATION FROM BED AND BOARD
CHAPTER
VII
DISSOLUTION OF MARRIAGE
DIVISION
I
GENERAL PROVISIONS
DIVISION
II
EFFECTS OF DIVORCE
TITLE
I.1
CIVIL UNION
CHAPTER
I
FORMATION OF CIVIL UNION
CHAPTER
II
CIVIL EFFECTS OF CIVIL UNION
CHAPTER
III
NULLITY OF CIVIL UNION
CHAPTER
IV
DISSOLUTION OF CIVIL UNION
TITLE
TWO
FILIATION
GENERAL PROVISION
CHAPTER
I
FILIATION BY BLOOD
DIVISION
I
PROOF OF FILIATION
§
1
Title and possession of status
§
2
Presumption of paternity
§
3
Voluntary acknowledgement
DIVISION
II
ACTIONS RELATING TO FILIATION
CHAPTER
I.1
FILIATION OF CHILDREN BORN OF ASSISTED PROCREATION
CHAPTER
II
Filiation by adoption
DIVISION
I
CONDITIONS FOR ADOPTION
§
1
General provisions
§
2
Consent of the adopted person
§
3
Consent of parents or tutor
§
4
Declaration of eligibility for adoption
§
5
Special conditions as to adoption of a child domiciled outside Québec
DIVISION
II
ORDER OF PLACEMENT AND ADOPTION JUDGMENT
DIVISION
III
EFFECTS OF ADOPTION
DIVISION
IV
CONFIDENTIALITY OF ADOPTION FILES
TITLE
THREE
OBLIGATION OF SUPPORT
TITLE
FOUR
PARENTAL AUTHORITY
BOOK
THREE
SUCCESSIONS
TITLE
ONE
OPENING OF SUCCESSIONS AND QUALITIES REQUIRED TO INHERIT
CHAPTER
I
OPENING OF SUCCESSIONS
CHAPTER
II
QUALITIES REQUIRED TO INHERIT
TITLE
TWO
TRANSMISSION OF SUCCESSIONS
CHAPTER
I
SEISIN
CHAPTER
II
PETITION OF INHERITANCE AND ITS EFFECTS ON THE TRANSMISSION OF THE SUCCESSION
CHAPTER
III
THE RIGHT OF OPTION
DIVISION
I
DELIBERATION AND OPTION
DIVISION
II
ACCEPTANCE
DIVISION
III
RENUNCIATION
TITLE
THREE
LEGAL DEVOLUTION OF SUCCESSIONS
CHAPTER
I
HEIRSHIP
CHAPTER
II
RELATIONSHIP
CHAPTER
III
REPRESENTATION
CHAPTER
IV
ORDER OF DEVOLUTION OF SUCCESSIONS
DIVISION
I
DEVOLUTION TO THE SURVIVING SPOUSE AND TO DESCENDANTS
DIVISION
II
DEVOLUTION TO THE SURVIVING SPOUSE AND TO PRIVILEGED ASCENDANTS OR COLLATERALS
DIVISION
III
DEVOLUTION TO ORDINARY ASCENDANTS AND COLLATERALS
CHAPTER
V
THE SURVIVAL OF THE OBLIGATION TO PROVIDE SUPPORT
CHAPTER
VI
RIGHTS OF THE STATE
TITLE
FOUR
WILLS
CHAPTER
I
THE NATURE OF WILLS
CHAPTER
II
THE CAPACITY REQUIRED TO MAKE A WILL
CHAPTER
III
FORMS OF WILLS
DIVISION
I
GENERAL PROVISIONS
DIVISION
II
NOTARIAL WILLS
DIVISION
III
HOLOGRAPH WILLS
DIVISION
IV
WILLS MADE IN THE PRESENCE OF WITNESSES
CHAPTER
IV
TESTAMENTARY PROVISIONS AND LEGATEES
DIVISION
I
VARIOUS KINDS OF LEGACIES
DIVISION
II
LEGATEES
DIVISION
III
THE EFFECT OF LEGACIES
DIVISION
IV
LAPSE AND NULLITY OF LEGACIES
CHAPTER
V
REVOCATION OF WILLS AND LEGACIES
CHAPTER
VI
PROOF AND PROBATE OF WILLS
TITLE
FIVE
LIQUIDATION OF SUCCESSIONS
CHAPTER
I
OBJECT OF LIQUIDATION AND SEPARATION OF PATRIMONIES
CHAPTER
II
LIQUIDATOR OF THE SUCCESSION
DIVISION
I
DESIGNATION AND RESPONSIBILITIES OF THE LIQUIDATOR
DIVISION
II
INVENTORY OF THE PROPERTY
DIVISION
III
FUNCTIONS OF THE LIQUIDATOR
CHAPTER
III
PAYMENT OF DEBTS AND OF LEGACIES BY PARTICULAR TITLE
DIVISION
I
PAYMENTS BY THE LIQUIDATOR
DIVISION
II
ACTION OF CREDITORS AND LEGATEES BY PARTICULAR TITLE
CHAPTER
IV
END OF LIQUIDATION
DIVISION
I
ACCOUNT OF THE LIQUIDATOR
DIVISION
II
OBLIGATIONS OF HEIRS AND LEGATEES BY PARTICULAR TITLE AFTER LIQUIDATION
TITLE
SIX
PARTITION OF SUCCESSIONS
CHAPTER
I
RIGHT TO PARTITION
CHAPTER
II
MODES OF PARTITION
DIVISION
I
COMPOSITION OF SHARES
DIVISION
II
PREFERENTIAL ALLOTMENTS AND CONTESTATION
DIVISION
III
DELIVERY OF TITLES
CHAPTER
III
RETURN
DIVISION
I
RETURN OF GIFTS AND LEGACIES
DIVISION
II
RETURN OF DEBTS
CHAPTER
IV
EFFECTS OF PARTITION
DIVISION
I
THE DECLARATORY EFFECT OF PARTITION
DIVISION
II
WARRANTY OF CO-PARTITIONERS
CHAPTER
V
NULLITY OF PARTITION
BOOK
FOUR
PROPERTY
GENERAL PROVISION
TITLE
ONE
KINDS OF PROPERTY AND ITS APPROPRIATION
CHAPTER
I
KINDS OF PROPERTY
CHAPTER
II
PROPERTY IN RELATION TO THAT WHICH IT PRODUCES
CHAPTER
III
PROPERTY IN RELATION TO PERSONS HAVING RIGHTS IN IT OR POSSESSION OF IT
CHAPTER
IV
CERTAIN DE FACTO RELATIONSHIPS CONCERNING PROPERTY
DIVISION
I
POSSESSION
§
1
The nature of possession
§
2
Effects of possession
DIVISION
II
ACQUISITION OF VACANT PROPERTY
§
1
Things without an owner
§
2
Lost or forgotten movables
TITLE
TWO
OWNERSHIP
CHAPTER
I
NATURE AND EXTENT OF THE RIGHT OF OWNERSHIP
CHAPTER
II
ACCESSION
DIVISION
I
IMMOVABLE ACCESSION
§
1
Artificial accession
§
2
Natural accession
DIVISION
II
MOVABLE ACCESSION
CHAPTER
III
SPECIAL RULES ON THE OWNERSHIP OF IMMOVABLES
DIVISION
I
GENERAL PROVISION
DIVISION
II
LIMITS AND BOUNDARIES OF LAND
DIVISION
III
WATERS
DIVISION
IV
TREES
DIVISION
V
ACCESS TO AND PROTECTION OF THE LAND OF ANOTHER
DIVISION
VI
VIEWS
DIVISION
VII
RIGHT OF WAY
DIVISION
VIII
COMMON FENCES AND WORKS
TITLE
THREE
MODALITIES OF OWNERSHIP
CHAPTER
I
GENERAL PROVISIONS
CHAPTER
II
UNDIVIDED CO-OWNERSHIP
DIVISION
I
ESTABLISHMENT OF INDIVISION
DIVISION
II
RIGHTS AND OBLIGATIONS OF CO-OWNERS
DIVISION
III
ADMINISTRATION OF UNDIVIDED PROPERTY
DIVISION
IV
END OF INDIVISION AND PARTITION
CHAPTER
III
DIVIDED CO-OWNERSHIP OF IMMOVABLES
DIVISION
I
ESTABLISHMENT OF DIVIDED CO-OWNERSHIP
DIVISION
II
FRACTIONS OF CO-OWNERSHIP
DIVISION
III
DECLARATION OF CO-OWNERSHIP
§
1
Content of the declaration
§
2
Registration of the declaration
DIVISION
IV
RIGHTS AND OBLIGATIONS OF CO-OWNERS
DIVISION
V
RIGHTS AND OBLIGATIONS OF THE SYNDICATE
DIVISION
VI
BOARD OF DIRECTORS OF THE SYNDICATE
DIVISION
VII
GENERAL MEETING OF THE CO-OWNERS
DIVISION
VIII
LOSS OF CONTROL OF THE SYNDICATE BY THE DEVELOPER
DIVISION
IX
TERMINATION OF CO-OWNERSHIP
CHAPTER
IV
SUPERFICIES
DIVISION
I
ESTABLISHMENT OF SUPERFICIES
DIVISION
II
TERMINATION OF SUPERFICIES
TITLE
FOUR
DISMEMBERMENTS OF THE RIGHT OF OWNERSHIP
GENERAL PROVISION
CHAPTER
I
USUFRUCT
DIVISION
I
NATURE OF USUFRUCT
DIVISION
II
RIGHTS OF THE USUFRUCTUARY
§
1
Scope of the usufruct
§
2
Disbursements
§
3
Trees and minerals
DIVISION
III
OBLIGATIONS OF THE USUFRUCTUARY
§
1
Inventory and security
§
2
Insurance and repairs
§
3
Other charges
DIVISION
IV
EXTINCTION OF USUFRUCT
CHAPTER
II
USE
CHAPTER
III
SERVITUDES
DIVISION
I
NATURE OF SERVITUDES
DIVISION
II
EXERCISE OF SERVITUDES
DIVISION
III
EXTINCTION OF SERVITUDES
CHAPTER
IV
EMPHYTEUSIS
DIVISION
I
NATURE OF EMPHYTEUSIS
DIVISION
II
RIGHTS AND OBLIGATIONS OF THE EMPHYTEUTA AND OF THE OWNER
DIVISION
III
TERMINATION OF EMPHYTEUSIS
TITLE
FIVE
RESTRICTIONS ON THE FREE DISPOSITION OF CERTAIN PROPERTY
CHAPTER
I
STIPULATIONS OF INALIENABILITY
CHAPTER
II
SUBSTITUTION
DIVISION
I
NATURE AND SCOPE OF SUBSTITUTION
DIVISION
II
SUBSTITUTIONS BEFORE OPENING
§
1
Rights and obligations of the institute
§
2
Rights of the substitute
DIVISION
III
OPENING OF THE SUBSTITUTION
DIVISION
IV
SUBSTITUTION AFTER OPENING
DIVISION
V
LAPSE AND REVOCATION OF SUBSTITUTION
TITLE
SIX
CERTAIN PATRIMONIES BY APPROPRIATION
CHAPTER
I
THE FOUNDATION
CHAPTER
II
THE TRUST
DIVISION
I
NATURE OF THE TRUST
DIVISION
II
VARIOUS KINDS OF TRUSTS AND THEIR DURATION
DIVISION
III
ADMINISTRATION OF THE TRUST
§
1
Appointment and office of the trustee
§
2
The beneficiary and his rights
§
3
Measures of supervision and control
DIVISION
IV
CHANGES TO THE TRUST AND TO THE PATRIMONY
DIVISION
V
TERMINATION OF THE TRUST
TITLE
SEVEN
ADMINISTRATION OF THE PROPERTY OF OTHERS
CHAPTER
I
GENERAL PROVISIONS
CHAPTER
II
KINDS OF ADMINISTRATION
DIVISION
I
SIMPLE ADMINISTRATION OF THE PROPERTY OF OTHERS
DIVISION
II
FULL ADMINISTRATION OF THE PROPERTY OF OTHERS
CHAPTER
III
RULES OF ADMINISTRATION
DIVISION
I
OBLIGATIONS OF THE ADMINISTRATOR TOWARDS THE BENEFICIARY
DIVISION
II
OBLIGATIONS OF THE ADMINISTRATOR AND THE BENEFICIARY TOWARDS THIRD PERSONS
DIVISION
III
INVENTORY, SECURITY AND INSURANCE
DIVISION
IV
JOINT ADMINISTRATION AND DELEGATION
DIVISION
V
INVESTMENTS PRESUMED SOUND
DIVISION
VI
APPORTIONMENT OF PROFIT AND EXPENDITURE
DIVISION
VII
ANNUAL ACCOUNT
CHAPTER
IV
TERMINATION OF ADMINISTRATION
DIVISION
I
CAUSES TERMINATING ADMINISTRATION
DIVISION
II
RENDERING OF ACCOUNT AND DELIVERY OF PROPERTY
BOOK
FIVE
OBLIGATIONS
TITLE
ONE
OBLIGATIONS IN GENERAL
CHAPTER
I
GENERAL PROVISIONS
CHAPTER
II
CONTRACTS
DIVISION
I
GENERAL PROVISION
DIVISION
II
NATURE AND CERTAIN CLASSES OF CONTRACTS
DIVISION
III
FORMATION OF CONTRACTS
§
1
Conditions of formation of contracts
I
General provision
II
Consent
1
Exchange of consents
2
Offer and acceptance
3
Qualities and defects of consent
III
Capacity to contract
IV
Cause of contracts
V
Object of contracts
VI
Form of contracts
§
2
Sanction of conditions of formation of contracts
I
Nature of nullity
II
Effect of nullity
III
Confirmation of the contract
DIVISION
IV
INTERPRETATION OF CONTRACTS
DIVISION
V
EFFECTS OF CONTRACTS
§
1
Effects of contracts between the parties
I
General provision
II
Binding force and content of contracts
§
2
Effects of contracts with respect to third persons
I
General provisions
II
Promise for another
III
Stipulation for another
IV
Simulation
§
3
Special effects of certain contracts
I
Transfer of real rights
II
Fruits and revenues and risks incident to property
CHAPTER
III
CIVIL LIABILITY
DIVISION
I
CONDITIONS OF LIABILITY
§
1
General provisions
§
2
Act, omission or fault of another
§
3
Act of a thing
DIVISION
II
CERTAIN CASES OF EXEMPTION FROM LIABILITY
DIVISION
III
APPORTIONMENT OF LIABILITY
CHAPTER
IV
CERTAIN OTHER SOURCES OF OBLIGATIONS
DIVISION
I
MANAGEMENT OF THE BUSINESS OF ANOTHER
DIVISION
II
RECEIPT OF A PAYMENT NOT DUE
DIVISION
III
UNJUST ENRICHMENT
CHAPTER
V
MODALITIES OF OBLIGATIONS
DIVISION
I
SIMPLE MODALITIES
§
1
Conditional obligations
§
2
Obligations with a term
DIVISION
II
COMPLEX MODALITIES
§
1
Obligations with multiple persons
I
Joint, divisible and indivisible obligations
II
Solidary obligations
1
Solidarity between debtors
2
Solidarity between creditors
§
2
Obligations with multiple objects
I
Alternative obligations
II
Facultative obligations
CHAPTER
VI
PERFORMANCE OF OBLIGATIONS
DIVISION
I
PAYMENT
§
1
Payment in general
§
2
Imputation of payment
§
3
Tender and deposit
DIVISION
II
RIGHT TO ENFORCE PERFORMANCE
§
1
General provision
§
2
Exception for nonperformance and right of retention
§
3
Default
§
4
Specific performance
§
5
Resolution or resiliation of contracts and reduction of obligations
§
6
Performance by equivalence
I
General provisions
II
Assessment of damages
1
Assessment in general
2
Advance assessment of damages
DIVISION
III
PROTECTION OF THE RIGHT TO PERFORMANCE OF OBLIGATIONS
§
1
Conservatory measures
§
2
Oblique action
§
3
Paulian action
CHAPTER
VII
TRANSFER AND ALTERATION OF OBLIGATIONS
DIVISION
I
ASSIGNMENT OF CLAIMS
§
1
Assignment of claims in general
§
2
Assignment of claims attested by bearer instrument
DIVISION
II
SUBROGATION
DIVISION
III
NOVATION
DIVISION
IV
DELEGATION
CHAPTER
VIII
EXTINCTION OF OBLIGATIONS
DIVISION
I
GENERAL PROVISION
DIVISION
II
COMPENSATION
DIVISION
III
CONFUSION
DIVISION
IV
RELEASE
DIVISION
V
IMPOSSIBILITY OF PERFORMANCE
DIVISION
VI
RELEASE OF THE DEBTOR
CHAPTER
IX
RESTITUTION OF PRESTATIONS
DIVISION
I
CIRCUMSTANCES IN WHICH RESTITUTION TAKES PLACE
DIVISION
II
MODALITIES OF RESTITUTION
DIVISION
III
EFFECTS OF RESTITUTION ON THIRD PERSONS
TITLE
TWO
NOMINATE CONTRACTS
CHAPTER
I
SALE
DIVISION
I
SALE IN GENERAL
§
1
General provisions
§
2
Promise
§
3
Sale of property of another
§
4
Obligations of the seller
I
Delivery
II
Warranty of ownership
III
Warranty of quality
IV
Conventional warranty
§
5
Obligations of the buyer
§
6
Special rules regarding the exercise of the rights of the parties
I
Rights of the buyer
II
Rights of the seller
§
7
Various modalities of sale
I
Trial sales
II
Instalment sales
III
Sales with right of redemption
IV
Auction sales
§
8
Repealed, 2002, c. 19, s. 8.
§
9
Sale of certain incorporeal property
I
Sale of rights in a succession
II
Sale of litigious rights
DIVISION
II
SPECIAL RULES REGARDING SALE OF RESIDENTIAL IMMOVABLES
DIVISION
III
VARIOUS CONTRACTS SIMILAR TO SALE
§
1
Exchange
§
2
Giving in payment
§
3
Alienation for rent
CHAPTER
II
GIFTS
DIVISION
I
NATURE AND SCOPE OF GIFTS
DIVISION
II
CERTAIN CONDITIONS PERTAINING TO GIFTS
§
1
Capacity to make and receive gifts
§
2
Certain rules governing the validity of gifts
§
3
Form and publication of gifts
DIVISION
III
RIGHTS AND OBLIGATIONS OF THE PARTIES
§
1
General provisions
§
2
Debts of the donor
§
3
Charges stipulated in favour of third persons
DIVISION
IV
REVOCATION OF GIFTS ON ACCOUNT OF INGRATITUDE
DIVISION
V
GIFTS MADE BY MARRIAGE OR CIVIL UNION CONTRACT
CHAPTER
III
LEASING
CHAPTER
IV
LEASE
DIVISION
I
NATURE OF LEASE
DIVISION
II
RIGHTS AND OBLIGATIONS RESULTING FROM LEASE
§
1
General provisions
§
2
Repairs
§
3
Sublease of property and assignment of lease
DIVISION
III
TERMINATION OF THE LEASE
DIVISION
IV
SPECIAL RULES FOR LEASES OF DWELLINGS
§
1
Application
§
2
Lease
§
3
Rent
§
4
Condition of dwelling
§
5
Certain changes to dwelling
§
6
Access to and visit of dwelling
§
7
Right to maintain occupancy
I
Beneficiaries of the right
II
Renewal and modification of lease
III
Fixing conditions of lease
IV
Repossession of a dwelling and eviction
§
8
Resiliation of lease
§
9
Special provisions as to certain leases
I
Lease with an educational institution
II
Lease of a dwelling in low-rental housing
III
Lease of land intended for the installation of a mobile home
CHAPTER
V
AFFREIGHTMENT
DIVISION
I
GENERAL PROVISIONS
DIVISION
II
SPECIAL RULES GOVERNING DIFFERENT CONTRACTS OF AFFREIGHTMENT
§
1
Bareboat charter
§
2
Time charter
§
3
Voyage charter
CHAPTER
VI
CARRIAGE
DIVISION
I
RULES APPLICABLE TO ALL MODES OF TRANSPORTATION
§
1
General provisions
§
2
Carriage of persons
§
3
Carriage of property
DIVISION
II
SPECIAL RULES GOVERNING CARRIAGE OF PROPERTY BY WATER
§
1
General provisions
§
2
Obligations of the parties
§
3
Handling of property
CHAPTER
VII
CONTRACT OF EMPLOYMENT
CHAPTER
VIII
CONTRACT OF ENTERPRISE OR FOR SERVICES
DIVISION
I
NATURE AND SCOPE OF THE CONTRACT
DIVISION
II
RIGHTS AND OBLIGATIONS OF THE PARTIES
§
1
General provisions applicable to both services and works
§
2
Special provisions as to works
I
General provisions
II
Immovable works
DIVISION
III
RESILIATION OF THE CONTRACT
CHAPTER
IX
MANDATE
DIVISION
I
NATURE AND SCOPE OF MANDATE
DIVISION
II
OBLIGATIONS BETWEEN PARTIES
§
1
Obligations of the mandatary towards the mandator
§
2
Obligations of the mandator towards the mandatary
DIVISION
III
OBLIGATIONS OF THE PARTIES TOWARDS THIRD PERSONS
§
1
Obligations of the mandatary towards third persons
§
2
Obligations of the mandator towards third persons
DIVISION
IV
SPECIAL RULES GOVERNING PROTECTION MANDATES
DIVISION
V
TERMINATION OF MANDATE
CHAPTER
X
CONTRACTS OF PARTNERSHIP AND OF ASSOCIATION
DIVISION
I
GENERAL PROVISIONS
DIVISION
II
GENERAL PARTNERSHIPS
§
1
Relations of partners between themselves and with the partnership
§
2
Relations of the partnership and the partners with third persons
§
3
Loss of the quality of partner
§
4
Dissolution and liquidation of the partnership
DIVISION
III
LIMITED PARTNERSHIPS
DIVISION
IV
UNDECLARED PARTNERSHIPS
§
1
Establishment of an undeclared partnership
§
2
Relations of the partners between themselves
§
3
Relations of the partners with third persons
§
4
Termination of the contract of undeclared partnership
DIVISION
V
ASSOCIATIONS
CHAPTER
XI
DEPOSIT
DIVISION
I
DEPOSIT IN GENERAL
§
1
General provisions
§
2
Obligations of the depositary
§
3
Obligations of the depositor
DIVISION
II
NECESSARY DEPOSIT
DIVISION
III
DEPOSIT WITH AN INNKEEPER
DIVISION
IV
SEQUESTRATION
CHAPTER
XII
LOAN
DIVISION
I
NATURE AND KINDS OF LOANS
DIVISION
II
LOAN FOR USE
DIVISION
III
SIMPLE LOAN
CHAPTER
XIII
SURETYSHIP
DIVISION
I
NATURE, OBJECT AND EXTENT OF SURETYSHIP
DIVISION
II
EFFECTS OF SURETYSHIP
§
1
Effects between the creditor and the surety
§
2
Effects between the debtor and the surety
§
3
Effects between sureties
DIVISION
III
TERMINATION OF SURETYSHIP
CHAPTER
XIV
ANNUITIES
DIVISION
I
NATURE OF THE CONTRACT AND SCOPE OF THE RULES GOVERNING IT
DIVISION
II
SCOPE OF THE CONTRACT
DIVISION
III
CERTAIN EFFECTS OF THE CONTRACT
CHAPTER
XV
INSURANCE
DIVISION
I
GENERAL PROVISIONS
§
1
Nature of the contract of insurance and classes of insurance
§
2
Formation and content of the contract
§
3
Representations and warranties of the client in non-marine insurance
§
4
Special provision
DIVISION
II
INSURANCE OF PERSONS
§
1
Content of policy
§
2
Insurable interest
§
3
Representation of age and risk
§
4
Effective date of the insurance
§
5
Premiums, advances and reinstatement of the insurance
§
6
Performance of the contract of insurance
§
7
Designation of beneficiaries and subrogated policyholders
I
Conditions of designation
II
Effects of a designation
§
8
Assignment and hypothecation of a right under a contract of insurance
DIVISION
III
DAMAGE INSURANCE
§
1
Provisions common to property insurance and liability insurance
I
Principle of indemnity
II
Increase in risk
III
Payment of the premium
IV
Notice of loss and payment of indemnity
V
Assignment
VI
Cancellation of the contract
§
2
Property insurance
I
Content of the policy
II
Insurable interest
III
Extent of coverage
IV
Amount of coverage
V
Losses, and payment of indemnity
§
3
Liability insurance
DIVISION
IV
MARINE INSURANCE
§
1
General provisions
§
2
Insurable interest
I
Necessity of interest
II
Instances of insurable interest
III
Extent of insurable interest
§
3
Measure of insurable value
§
4
Contract and policy
I
Subscription
II
Kinds of contract
III
Content of the policy
IV
Assignment of policy
V
Evidence and ratification of the contract
§
5
Rights and obligations of the parties as regards the premium
§
6
Disclosure and representations
§
7
Warranties
§
8
The voyage
I
Commencement
II
Change of voyage
III
Deviation
IV
Delay
V
Excuses for deviation or delay
§
9
Notice of loss
§
10
Abandonment
§
11
Kinds of average loss
§
12
Measure of indemnity
§
13
Miscellaneous provisions
I
Subrogation
II
Double insurance
III
Under-insurance
IV
Mutual insurance
V
Direct action
CHAPTER
XVI
GAMING AND WAGERING
CHAPTER
XVII
TRANSACTION
CHAPTER
XVIII
ARBITRATION AGREEMENTS
BOOK
SIX
PRIOR CLAIMS AND HYPOTHECS
TITLE
ONE
COMMON PLEDGE OF CREDITORS
TITLE
TWO
PRIOR CLAIMS
TITLE
THREE
HYPOTHECS
CHAPTER
I
GENERAL PROVISIONS
DIVISION
I
NATURE OF HYPOTHECS
DIVISION
II
KINDS OF HYPOTHEC
DIVISION
III
OBJECT AND EXTENT OF HYPOTHECS
CHAPTER
II
CONVENTIONAL HYPOTHECS
DIVISION
I
THE GRANTOR OF A HYPOTHEC
DIVISION
II
OBLIGATIONS SECURED BY HYPOTHECS
DIVISION
III
IMMOVABLE HYPOTHECS
DIVISION
IV
MOVABLE HYPOTHECS
§
1
Movable hypothecs without delivery
§
2
Movable hypothecs with delivery
§
3
Movable hypothecs on claims
I
Hypothecs on claims in general
II
Hypothecs with delivery on certain monetary claims
§
4
Movable hypothecs on ships, cargo or freight
§
5
Movable hypothecs with delivery on certain securities or security entitlements
DIVISION
V
FLOATING HYPOTHECS
CHAPTER
III
LEGAL HYPOTHECS
CHAPTER
IV
CERTAIN EFFECTS OF HYPOTHECS
DIVISION
I
GENERAL PROVISIONS
DIVISION
II
RIGHTS AND OBLIGATIONS OF CREDITORS WHO HOLD OF HYPOTHECATED PROPERTY
DIVISION
III
RIGHTS AND OBLIGATIONS OF CREDITORS HOLDING HYPOTHECATED CLAIMS
CHAPTER
V
EXERCISE OF HYPOTHECARY RIGHTS
DIVISION
I
GENERAL PROVISION
DIVISION
II
GENERAL CONDITIONS FOR THE EXERCISE OF HYPOTHECARY RIGHTS
DIVISION
III
PRELIMINARY MEASURES
§
1
Prior notice
§
2
Rights of the debtor or person against whom a hypothecary right is exercised
§
3
Surrender
DIVISION
IV
TAKING POSSESSION FOR PURPOSES OF ADMINISTRATION
DIVISION
V
TAKING IN PAYMENT
DIVISION
VI
SALE BY THE CREDITOR
DIVISION
VII
SALE UNDER JUDICIAL AUTHORITY
CHAPTER
VI
EXTINCTION OF HYPOTHECS
BOOK
SEVEN
EVIDENCE
TITLE
ONE
GENERAL RULES OF EVIDENCE
CHAPTER
I
GENERAL PROVISIONS
CHAPTER
II
JUDICIAL NOTICE
TITLE
TWO
MEANS OF PROOF
CHAPTER
I
WRITINGS
DIVISION
I
COPIES OF STATUTES
DIVISION
II
AUTHENTIC ACTS
DIVISION
III
SEMI-AUTHENTIC ACTS
DIVISION
IV
PRIVATE WRITINGS
DIVISION
V
OTHER WRITINGS
DIVISION
VI
MEDIA FOR WRITINGS AND TECHNOLOGICAL NEUTRALITY
DIVISION
VII
COPIES AND DOCUMENTS RESULTING FROM A TRANSFER
CHAPTER
II
TESTIMONY
CHAPTER
III
PRESUMPTIONS
CHAPTER
IV
ADMISSIONS
CHAPTER
V
PRODUCTION OF REAL EVIDENCE
TITLE
THREE
ADMISSIBILITY OF EVIDENCE AND MEANS OF PROOF
CHAPTER
I
EVIDENCE
CHAPTER
II
MEANS OF PROOF
CHAPTER
III
CERTAIN STATEMENTS
BOOK
EIGHT
PRESCRIPTION
TITLE
ONE
RULES GOVERNING PRESCRIPTION
CHAPTER
I
GENERAL PROVISIONS
CHAPTER
II
RENUNCIATION OF PRESCRIPTION
CHAPTER
III
INTERRUPTION OF PRESCRIPTION
CHAPTER
IV
SUSPENSION OF PRESCRIPTION
TITLE
TWO
ACQUISITIVE PRESCRIPTION
CHAPTER
I
CONDITIONS OF ACQUISITIVE PRESCRIPTION
CHAPTER
II
PERIODS OF ACQUISITIVE PRESCRIPTION
TITLE
THREE
EXTINCTIVE PRESCRIPTION
BOOK
NINE
PUBLICATION OF RIGHTS
TITLE
ONE
NATURE AND SCOPE OF PUBLICATION
CHAPTER
I
GENERAL PROVISIONS
CHAPTER
II
RIGHTS REQUIRING OR ADMISSIBLE FOR PUBLICATION
TITLE
TWO
EFFECTS OF PUBLICATION
CHAPTER
I
SETTING UP OF RIGHTS
CHAPTER
II
RANKING OF RIGHTS
CHAPTER
III
OTHER EFFECTS
CHAPTER
IV
PROTECTION OF THIRD PERSONS IN GOOD FAITH
CHAPTER
V
ADVANCE REGISTRATION
TITLE
THREE
MODALITIES OF PUBLICATION
CHAPTER
I
REGISTERS OF RIGHTS
DIVISION
I
GENERAL PROVISIONS
DIVISION
II
LAND REGISTER
DIVISION
III
REGISTER OF MENTIONS
DIVISION
IV
REGISTER OF PERSONAL AND MOVABLE REAL RIGHTS
CHAPTER
II
APPLICATIONS FOR REGISTRATION
DIVISION
I
GENERAL RULES
DIVISION
II
CERTIFICATES
DIVISION
III
SPECIAL REGISTRATION RULES
CHAPTER
III
DUTIES AND FUNCTIONS OF THE REGISTRAR
CHAPTER
IV
REGISTRATION OF ADDRESSES
CHAPTER
V
REGULATIONS
TITLE
FOUR
IMMATRICULATION OF IMMOVABLES
CHAPTER
I
CADASTRAL PLAN
CHAPTER
II
AMENDMENTS TO THE CADASTRE
CHAPTER
III
Repealed, 2000, c. 42, s. 73.
CHAPTER
IV
PARTS OF LOTS
TITLE
FIVE
CANCELLATION
CHAPTER
I
CAUSES OF CANCELLATION
CHAPTER
II
CERTAIN CASES OF CANCELLATION
CHAPTER
III
FORMALITIES AND EFFECTS OF CANCELLATION
BOOK
TEN
PRIVATE INTERNATIONAL LAW
TITLE
ONE
GENERAL PROVISIONS
TITLE
TWO
CONFLICT OF LAWS
CHAPTER
I
PERSONAL STATUS
DIVISION
I
GENERAL PROVISIONS
DIVISION
II
SPECIAL PROVISIONS
§
0.1
Change of designation of sex
§
1
Incapacity
§
2
Marriage
§
3
Separation from bed and board
§
3.1
Civil union
§
4
Filiation by blood and filiation by adoption
§
5
Obligation of support
CHAPTER
II
STATUS OF PROPERTY
DIVISION
I
GENERAL PROVISION
DIVISION
II
SPECIAL PROVISIONS
§
1
Successions
§
2
Movable securities
I
Movable securities in general
II
Movable securities on certain monetary claims
§
3
Trusts
§
4
Securities and security entitlements to financial assets
CHAPTER
III
STATUS OF OBLIGATIONS
DIVISION
I
GENERAL PROVISIONS
§
1
Form of juridical acts
§
2
Content of juridical acts
DIVISION
II
SPECIAL PROVISIONS
§
1
Sale
§
2
Conventional representation
§
3
Consumer contract
§
4
Contract of employment
§
5
Contract of non-marine insurance
§
6
Assignment of claims
§
7
Arbitration
§
8
Matrimonial or civil union regime
§
9
Certain other sources of obligations
§
10
Civil liability
§
11
Evidence
§
12
Prescription
CHAPTER
IV
STATUS OF PROCEDURE
TITLE
THREE
INTERNATIONAL JURISDICTION OF QUÉBEC AUTHORITIES
CHAPTER
I
GENERAL PROVISIONS
CHAPTER
II
SPECIAL PROVISIONS
DIVISION
I
PERSONAL ACTIONS OF AN EXTRAPATRIMONIAL AND FAMILY NATURE
DIVISION
II
PERSONAL ACTIONS OF A PATRIMONIAL NATURE
DIVISION
III
REAL AND MIXED ACTIONS
TITLE
FOUR
RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS AND JURISDICTION OF FOREIGN AUTHORITIES
CHAPTER
I
RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS
CHAPTER
II
JURISDICTION OF FOREIGN AUTHORITIES
FINAL PROVISIONS
0
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