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CCQ-1991 - Civil Code of Québec

Section 1168
Disposition versions

Full text
1168. A usufructuary who abuses his enjoyment, commits waste on the property, allows it to decline or in any manner endangers the rights of the bare owner may forfeit his right.
The court may, according to the gravity of the circumstances, pronounce the absolute extinction of the usufruct, with an indemnity payable immediately or by instalments to the bare owner, or without indemnity. It may also declare the usufructuary’s right forfeited in favour of a joint or successive usufructuary, or it may impose conditions for the continuance of the usufruct.
The creditors of the usufructuary may intervene in the proceedings to ensure the preservation of their rights; they may offer to repair the waste and provide security for the future.
1991, c. 64, a. 1168; I.N. 2014-05-01; I.N. 2015-11-01; 2016, c. 4, s. 148.
1168. A usufructuary who abuses his enjoyment, commits waste on the property, allows it to decline or in any manner endangers the rights of the bare owner may be declared to have forfeited his right.
The court may, according to the gravity of the circumstances, pronounce the absolute extinction of the usufruct, with an indemnity payable immediately or by instalments to the bare owner, or without indemnity. It may also declare the usufructuary’s right forfeited in favour of a joint or successive usufructuary, or it may impose conditions for the continuance of the usufruct.
The creditors of the usufructuary may intervene in the proceedings to ensure the preservation of their rights; they may offer to repair the waste and provide security for the future.
1991, c. 64, a. 1168; I.N. 2014-05-01; I.N. 2015-11-01.
1168. A usufructuary who abuses his enjoyment, commits waste on the property, allows it to perish or in any manner endangers the rights of the bare owner may be declared to have forfeited his right.
The court may, according to the gravity of the circumstances, pronounce the absolute extinction of the usufruct, with an indemnity payable immediately or by instalments to the bare owner, or without indemnity. It may also declare the usufructuary’s right forfeited in favour of a joint or successive usufructuary, or it may impose conditions for the continuance of the usufruct.
The creditors of the usufructuary may intervene in the proceedings to ensure the preservation of their rights; they may offer to repair the waste and provide security for the future.
1991, c. 64, a. 1168; I.N. 2014-05-01.
1168. A usufructuary who makes misuse of enjoyment, who commits waste on the property, who allows it to depreciate or who in any manner endangers the rights of the bare owner may be declared to have forfeited his right.
The court may, according to the gravity of the circumstances, pronounce the absolute extinction of the usufruct, with compensation payable immediately or by instalments to the bare owner, or without compensation. It may also declare the usufructuary’s right forfeited in favour of a joint or successive usufructuary, or it may impose conditions for the continuance of the usufruct.
The creditors of the usufructuary may intervene in the proceedings to ensure the preservation of their rights; they may offer to repair the waste and provide security for the future.
1991, c. 64, a. 1168.
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