C-25 - Code of Civil Procedure

Section 803 Disposition versions

1994-01-01

803. If no one has contested the application within the time prescribed by law or determined by the court or has exercised the rights of the hypothecary debtor or of the person against whom the right is exercised, in order to defeat the creditor’s remedy, the court, upon proof of service of the prescribed prior notice, authorizes the creditor to take possession of the property, take it in payment of his claim, sell it himself or have it sold under judicial authority.

1965 (1st sess.), c. 80, a. 803; 1992, c. 57, s. 367.

1977-12-31

803. If several parties appear and claim to be owners each in opposition to the other, without however contesting the hypothecary recourse, such opposing claims cannot halt the suit of the applicant, to whom the court must give judgment unless one of the persons appearing pays the debt in capital, interest and costs.

1965 (1st sess.), c. 80, a. 803.