C-25 - Code of Civil Procedure

Section 799 Disposition versions

1994-01-01

799. Within five days of service of the order made pursuant to article 2767 of the Civil Code, the person who owns or has possession of the property may apply for the annulment of the order because of the insufficiency or the falsity of the allegations of the affidavit on the strength of which the order was pronounced. If the order is declared null, the creditor is bound to return the property or reimburse the price of the alienation, where applicable.

1965 (1st sess.), c. 80, a. 799; 1992, c. 57, s. 367.

1977-12-31

799. The motion, supported by an affidavit, must contain:

(a)  all allegations necessary to establish the right of the applicant;

(b)  the description of the immoveable hypothecated;

(c)  the name of the present occupant of the immoveable or the last occupant, as the case may be;

(d)  the names of all the owners of the immoveable since the hypothec was created, if they are known.

1965 (1st sess.), c. 80, a. 799.