CCQ-1991 - Civil Code of Québec

Section 2758 Disposition versions

2015-11-01

2758. A prior notice of the exercise of a hypothecary right must disclose any failure by the debtor to perform his obligations, and contain a reminder, where applicable, that the debtor or a third person has the right to remedy the default. It must also disclose the amount of the claim in capital, and in interest, if any, and the nature of the hypothecary right which the creditor intends to exercise, furnish a description of the charged property, and demand from the person against whom the hypothecary right is to be exercised that he surrender the property before the expiry of the period specified in the notice.

That period is 20 days after registration of the notice in the case of movable property, 60 days in the case of immovable property, or 10 days if the creditor intends to take possession of the property; however, the period is 30 days in the case of a notice relating to movable property charged with a hypothec constituted by an act accessory to a consumer contract.

1991, c. 64, a. 2758; 1998, c. 5, s. 12; I.N. 2014-05-01; I.N. 2015-11-01.

2014-05-01

2758. A prior notice of the exercise of a hypothecary right shall disclose any failure by the debtor to perform his obligations, and contain a reminder, where applicable, that the debtor or a third person has the right to remedy the default. It shall also disclose the amount of the claim in capital, and in interest, if any, and the nature of the hypothecary right which the creditor intends to exercise, furnish a description of the charged property, and demand from the person against whom the hypothecary right is to be exercised that he surrender the property before the expiry of the period specified in the notice.

That period is 20 days after registration of the notice in the case of movable property, 60 days in the case of immovable property, or 10 days if the creditor intends to take possession of the property; however, the period is 30 days in the case of a notice relating to movable property charged with a hypothec constituted by an act accessory to a consumer contract.

1991, c. 64, a. 2758; 1998, c. 5, s. 12; I.N. 2014-05-01.

1999-09-17

2758. In a prior notice of the exercise of a hypothecary right, any failure by the debtor to fulfil his obligations shall be indicated, together with a reminder, where necessary, that the debtor or a third person has a right to remedy the default. In addition, the amount of the claim in capital and interest, if any, and the nature of the hypothecary right which the creditor intends to exercise shall be included in the notice, together with a description of the charged property and a call on the person against whom the right is to be exercised to surrender the property before the expiry of the period specified in the notice.

This period is of 20 days after registration of the notice in the case of a movable property, 60 days in the case of an immovable property, or 10 days if the creditor intends to take possession of the property; however, the period is of 30 days in the case of a notice relating to movable property charged with a hypothec constituted by an act accessory to a consumer contract.

1991, c. 64, a. 2758; 1998, c. 5, s. 12.

1994-01-01

2758. In a prior notice of the exercise of a hypothecary right, any failure by the debtor to fulfil his obligations shall be indicated, together with a reminder, where necessary, that the debtor or a third person has a right to remedy the default. In addition, the amount of the claim in capital and interest, if any, and the nature of the hypothecary right which the creditor intends to exercise shall be included in the notice, together with a description of the charged property and a call on the person against whom the right is to be exercised to surrender the property before the expiry of the period specified in the notice.

This period is of 20 days after registration of the notice in the case of a movable property, 60 days in the case of an immovable property, or 10 days if the creditor intends to take possession of the property.

1991, c. 64, a. 2758.