CCQ-1991 - Civil Code of Québec

Section 2779 Disposition versions

2015-11-01

2779. Later ranking hypothecary creditors or the debtor may, within the time allotted for surrender, require the creditor to abandon the taking in payment and sell the property himself or cause it to be sold under judicial authority; they must first have registered a notice to that effect, reimbursed the creditor for the costs he has incurred and advanced the amounts needed for the sale of the property.

The notice shall be served on the creditor, the grantor or the debtor, and the person against whom the hypothecary right is exercised, and its registration is declared in accordance with the Book on Publication of Rights.

Later ranking creditors who require the creditor to proceed with the sale shall also furnish him with security that the property will be sold at a price sufficient to ensure full payment of his claim.

1991, c. 64, a. 2779; 1992, c. 57, s. 716; 2002, c. 19, s. 15; I.N. 2014-05-01; I.N. 2015-11-01.

2014-05-01

2779. Later ranking hypothecary creditors or the debtor may, within the time allotted for surrender, require the creditor to abandon the taking in payment and sell the property himself or cause it to be sold by judicial authority; they shall have registered a notice beforehand to that effect, reimbursed the creditor for the costs he has incurred and advanced the amounts needed for the sale of the property.

The notice shall be served on the creditor, the grantor or the debtor, and the person against whom the hypothecary right is exercised, and its registration is declared in accordance with the Book on Publication of Rights.

Later ranking creditors who require the creditor to proceed with the sale shall also furnish him with security that the property will be sold at a price sufficient to ensure full payment of his claim.

1991, c. 64, a. 2779; 1992, c. 57, s. 716; 2002, c. 19, s. 15; I.N. 2014-05-01.

2002-06-13

2779. Subsequent hypothecary creditors or the debtor may, within the time allotted for surrender, require the creditor to abandon the taking in payment and sell the property himself or have it sold by judicial authority; they shall have registered a notice beforehand to that effect, reimbursed the creditor for the costs he has incurred and advanced the amounts needed for the sale of the property.

The notice shall be served on the creditor, the grantor or the debtor and the person against whom the hypothecary right is exercised, and registration thereof is made in accordance with the Book on Publication of Rights.

Subsequent creditors who require the creditor to proceed with the sale shall also furnish him with a security guaranteeing that the property will be sold at a sufficiently high price to enable his claim to be paid in full.

1991, c. 64, a. 2779; 1992, c. 57, s. 716; 2002, c. 19, s. 15.

1994-01-01

2779. Subsequent hypothecary creditors or the debtor may, within the time allotted for surrender, require the creditor to abandon the taking in payment and sell the property himself or have it sold by judicial authority; they shall have registered a notice beforehand to that effect, reimbursed the creditor for the costs he has incurred and advanced the amounts needed for the sale of the property.

The notice shall be served on the creditor, the grantor, the debtor and the person against whom the hypothecary right is exercised, and registration thereof is made in accordance with the Book on Publication of Rights.

Subsequent creditors who require the creditor to proceed with the sale shall also furnish him with a security guaranteeing that the property will be sold at a sufficiently high price to enable his claim to be paid in full.

1991, c. 64, a. 2779; 1992, c. 57, s. 716.