C-25 - Code of Civil Procedure

Section 739 Disposition versions

1994-01-01

739. The defendant may prevent the removal of the seized property or be released from the seizure by giving the seizing officer sufficient guarantee chosen by the defendant.

The amount of the guarantee is determined by the amount sued for or the market value of the property seized as certified by the seizing officer, according to the circumstances, unless the judge or clerk otherwise decides.

Only the deposit of sum of money, of a guarantee issued by a financial institution carrying on business in Québec, of bonds within the meaning of the provisions of the Civil Code relating to presumed sound investments or of an insurance policy securing the performance of the dependant’s obligations constitutes sufficient guarantee within the meaning of this article.

The defendant may also, at any time after the removal of the property seized, have such property returned to him on applying to the judge and on giving sufficient guarantee within the meaning of this article or any other guarantee that the judge may authorize.

1965 (1st sess.), c. 80, a. 739; 1975, c. 83, s. 53; 1977, c. 73, s. 32; 1983, c. 28, s. 27; 1992, c. 57, s. 361, s. 420.

1983-06-22

739. The defendant may prevent the taking of the property seized by giving the seizing officer sufficient guarantee chosen by the defendant.

The amount of the guarantee is determined by the amount sued for or the market value of the property seized as certified by the seizing officer, according to the circumstances, unless the judge or prothonotary otherwise decides.

Only the deposit of an amount of money, of a bank guarantee, of bonds within the meaning of article 981o of the Civil Code or of a guarantee insurance policy issued by a company authorized to issue guarantee insurance constitutes sufficient guarantee within the meaning of this article.

The defendant may also, at any time after the removal of the property seized, have such property returned to him on applying to the judge and on giving sufficient guarantee within the meaning of this article or any other guarantee that the judge may authorize.

1965 (1st sess.), c. 80, a. 739; 1975, c. 83, s. 53; 1977, c. 73, s. 32; 1983, c. 28, s. 27.

1977-12-31

739. The defendant may prevent the taking of the property seized by giving the seizing officer sufficient guarantee chosen by the defendant.

The amount of the guarantee is determined by the amount sued for or the market value of the property seized as certified by the seizing officer, according to the circumstances, unless the judge or prothonotary otherwise decides.

The defendant may also, at any time after the removal of the property seized, have such property returned to him on applying to the judge and on giving guarantee in accordance with this article.

The deposit of an amount of money or the giving of security, either to pay the amount of any condemnation that may be adjudged against the defendant, or to produce the property seized when he is so required, constitutes, in particular, sufficient guarantee within the meaning of this article.

1965 (1st sess.), c. 80, a. 739; 1975, c. 83, s. 53; 1977, c. 73, s. 32.