C-25 - Code of Civil Procedure

Section 865.1 Disposition versions

1999-10-22

865.1. Applications for the institution of tutorship to an absentee are made before the court of the domicile of the person the establishment of whose absence is sought or, if such domicile cannot be determined, before the court of the person’s last known residence, or before the court of the domicile of the applicant.

If the absentee has designated an administrator to his property and if the latter refuses or neglects to act or is unable to act, the application may be made before the court of the domicile of the administrator.

The application must be served on the Public Curator and, where applicable, on the person designated by the absentee to administer his property and on the absentee’s spouse, if he has a spouse.

1969, c. 79, s. 4; 1992, c. 57, s. 397; 1999, c. 40, s. 56.

1994-01-01

865.1. Applications for the institution of tutorship to an absentee are made before the court of the domicile of the person the establishment of whose absence is sought or, if such domicile cannot be determined, before the court of the person’s last known residence, or before the court of the domicile of the applicant.

If the absentee has designated an administrator to his property and if the latter refuses or neglects to act or is prevented from acting, the application may be made before the court of the domicile of the administrator.

The application must be served on the Public Curator and, where applicable, on the person designated by the absentee to administer his property and on the absentee’s spouse, if he has a spouse.

1969, c. 79, s. 4; 1992, c. 57, s. 397.

1977-12-31

865.1. The demand in declaration of death must be taken before the court of the domicile of the person whose death it is desired to establish.

If such person was not domiciled in Québec, the demand shall be taken before the court of the place of death, if it is known, or if it is not known, of the place of his disappearance.

1969, c. 79, s. 4.