C-25 - Code of Civil Procedure

Section 557 Disposition versions

1999-10-22

557. In the event of the death of the debtor, the execution commenced upon his property is continued upon the property of his succession.

If execution has not been commenced against the debtor, a judgment cannot, on pain of nullity, be executed against the debtor’s heirs or legatees by particular title or against the liquidator of the succession until 10 days after service. Where service is made upon the liquidator or, if he is unknown, upon the heirs or legatees by particular title according to article 133, the execution is limited to the property of the succession.

1965 (1st sess.), c. 80, a. 557; 1992, c. 57, s. 299; 1999, c. 40, s. 56.

1994-01-01

557. In the event of the death of the debtor, the execution commenced upon his property is continued upon the property of his succession.

If execution has not been commenced against the debtor, a judgment cannot, on pain of nullity, be executed against him, his heirs, representatives or assigns, until 10 days after service upon them. Where service was made upon the liquidator or, if he is unknown, the heirs or legal representatives of a deceased debtor according to article 133, the execution is limited to the property of the estate.

1965 (1st sess.), c. 80, a. 557; 1992, c. 57, s. 299.

1977-12-31

557. The execution commenced upon the property of the debtor is continued, notwithstanding his death or change of status, against him, his heirs, representatives or assigns, as the case may be, without suspension or continuance of suit.

If execution has not been commenced against the debtor, a judgment cannot, on pain of nullity, be executed against him, his heirs, representatives or assigns, until ten days after service upon them. Where service was made upon the heirs or legal representatives of a deceased debtor according to article 133, the execution is limited to the property of the estate.

1965 (1st sess.), c. 80, a. 557.