C-25 - Code of Civil Procedure

Section 1025 Disposition versions

2003-01-01

1025. Transaction, acceptance of a tender or acquiescence, except where it is unconditional in the whole of the demand, is valid only if approved by the court. This approval cannot be given unless a notice has been given to the members.

The notice must state

(a)  that the transaction will be submitted to the court for approval, specifying the date and place of such proceeding;

(b)  the nature of the transaction and the method of execution;

(c)  the procedure to be followed by the members to prove their claims; and

(d)  that the members have the right to present their arguments to the court as regards the transaction and the distribution of any balance remaining.

The judgment determines, if such is the case, the terms and conditions of application of articles 1029 to 1040.

1978, c. 8, s. 3; 1982, c. 17, s. 30; 2002, c. 7, s. 151.

1982-12-01

1025. Transaction, acceptance of a tender or acquiescence, except where it is unconditional in the whole of the demand, is valid only if approved by the court. This approval cannot be given unless a notice has been given to the members.

The judgment determines, is such is the case, the terms and conditions of application of articles 1029 to 1040.

1978, c. 8, s. 3; 1982, c. 17, s. 30.

1979-01-19

1025. Transaction or acceptance of a tender or of a confession of judgment that is not for the whole of the demand or that is not unconditional, is valid only if approved by the court. This approval cannot be given unless a notice has been given to the members.

The judgment determines, is such is the case, the terms and conditions of application of articles 1029 to 1040.

1978, c. 8, s. 3.