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CCQ-1991 - Civil Code of Québec

Section 1204
Disposition versions

Full text
1204. If an emphyteuta commits waste on the immovable, allows it to decline or in any manner endangers the rights of the owner, the emphyteuta may forfeit his right.
The court, according to the gravity of the circumstances, may resiliate the emphyteusis with an indemnity payable immediately or by instalments to the owner, or without indemnity, or it may require the emphyteuta to furnish other security or impose any other obligations or conditions on him.
The creditors of the emphyteuta may intervene in the proceedings to preserve their rights; they may offer to repair the waste and give security for the future.
1991, c. 64, a. 1204; I.N. 2014-05-01; I.N. 2015-11-01.
1204. If an emphyteuta commits waste on the immovable, fails to prevent the deterioration of the immovable or in any manner endangers the rights of the owner, the emphyteuta may be declared forfeited of his right.
The court, according to the gravity of the circumstances, may resiliate the emphyteusis with an indemnity payable immediately or by instalments to the owner, or without indemnity, or it may require the emphyteuta to furnish other security or impose any other obligations or conditions on him.
The creditors of the emphyteuta may intervene in the proceedings to preserve their rights; they may offer to repair the waste and give security for the future.
1991, c. 64, a. 1204; I.N. 2014-05-01.
1204. An emphyteutic lessee who commits waste or fails to prevent the deterioration of the immovable or in any manner endangers the rights of the owner may be declared forfeited of his right.
The court, according to the gravity of the circumstances, may resiliate the emphyteusis with compensation payable immediately or by instalments to the owner, or without compensation, or it may require the emphyteutic lessee to furnish other security or impose any other obligations or conditions on him.
The creditors of the emphyteutic lessee may intervene in the proceedings to preserve their rights; they may offer to repair the waste and give security for the future.
1991, c. 64, a. 1204.
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