C-25 - Code of Civil Procedure

Section 811 Disposition versions

1999-04-01

811. A judgment ordering a partition in kind appoints a practitioner to proceed, in conformity with the provisions of the Civil Code and in the manner prescribed in articles 414 to 425 of this Code, with the composition of shares, and to make a report.

The practitioner must apply for homologation of his report and his application for homologation may be contested by any interested person.

The court which homologates the report orders the clerk or any other person it designates to proceed with the allotment of the shares by a drawing of lots; minutes of this operation must be filed in the record.

1965 (1st sess.), c. 80, a. 811; 1992, c. 57, s. 367.

1977-12-31

811. If the court orders the licitation of moveable property, the provisions of articles 921 and 922 apply. The proceeds of the sale are divided between the persons thereunto entitled, after deducting the costs.

If the court orders the licitation of one or more immovables, it is conducted by the sheriff. On receiving a copy of the judgment the sheriff must make the advertisements and publications required for the sale of immoveable property under execution, and serve a copy there of upon the registrar of the registration division in which the immovable is situated. The provisions of articles 665 and 674 to 732 apply mutatis mutandis.

1965 (1st sess.), c. 80, a. 811.