ccq-1991 - Civil Code of Québec

Updated to 17 September 1999

This document has official status.

chapter CCQ-1991

Civil Code of Québec

PRELIMINARY PROVISION

The Civil Code of Québec, in harmony with the Charter of human rights and freedoms (chapter C-12) and the general principles of law, governs persons, relations between persons, and property.

The Civil Code comprises a body of rules which, in all matters within the letter, spirit or object of its provisions, lays down the jus commune, expressly or by implication. In these matters, the Code is the foundation of all other laws, although other laws may complement the Code or make exceptions to it.

BOOK ONE PERSONS

TITLE ONE ENJOYMENT AND EXERCISE OF CIVIL RIGHTS

1. Every human being possesses juridical personality and has the full enjoyment of civil rights.

1991, c. 64, a. 1.

2. Every person has a patrimony.

The patrimony may be divided or appropriated to a purpose, but only to the extent provided by law.

1991, c. 64, a. 2.

3. Every person is the holder of personality rights, such as the right to life, the right to the inviolability and integrity of his person, and the right to the respect of his name, reputation and privacy.

These rights are inalienable.

1991, c. 64, a. 3.

4. Every person is fully able to exercise his civil rights.

In certain cases, the law provides for representation or assistance.

1991, c. 64, a. 4.

5. Every person exercises his civil rights under the name assigned to him and stated in his act of birth.

1991, c. 64, a. 5.

6. Every person is bound to exercise his civil rights in good faith.

1991, c. 64, a. 6.

7. No right may be exercised with the intent of injuring another or in an excessive and unreasonable manner which is contrary to the requirements of good faith.

1991, c. 64, a. 7.

8. No person may renounce the exercise of his civil rights, except to the extent consistent with public order.

1991, c. 64, a. 8.

9. In the exercise of civil rights, derogations may be made from those rules of this Code which supplement intention, but not from those of public order.

1991, c. 64, a. 9.

TITLE TWO CERTAIN PERSONALITY RIGHTS

CHAPTER I INTEGRITY OF THE PERSON

10. Every person is inviolable and is entitled to the integrity of his person.

Except in cases provided for by law, no one may interfere with his person without his free and enlightened consent.

1991, c. 64, a. 10.

DIVISION I CARE

11. No person may be made to undergo care of any nature, whether for examination, specimen taking, removal of tissue, treatment or any other act, except with his consent.

If the person concerned is incapable of giving or refusing his consent to care, a person authorized by law or by mandate given in anticipation of his incapacity may do so in his place.

1991, c. 64, a. 11.

12. A person who gives his consent to or refuses care for another person is bound to act in the sole interest of that person, taking into account, as far as possible, any wishes the latter may have expressed.

If he gives his consent, he shall ensure that the care is beneficial notwithstanding the gravity and permanence of certain of its effects, that it is advisable in the circumstances and that the risks incurred are not disproportionate to the anticipated benefit.

1991, c. 64, a. 12.

13. Consent to medical care is not required in case of emergency if the life of the person is in danger or his integrity is threatened and his consent cannot be obtained in due time.

It is required, however, where the care is unusual or has become useless or where its consequences could be intolerable for the person.

1991, c. 64, a. 13.

14. Consent to care required by the state of health of a minor is given by the person having parental authority or by his tutor.

A minor 14 years of age or over, however, may give his consent alone to such care. If his state requires that he remains in a health or social services establishment for over 12 hours, the person having parental authority or tutor shall be informed of that fact.

1991, c. 64, a. 14.

15. Where it is ascertained that a person of full age is incapable of giving his consent to care required by his state of health, consent is given by his mandatary, tutor or curator. If the person of full age is not so represented, consent is given by his spouse or, if he has no spouse or his spouse is prevented from giving consent, it is given by a close relative or a person who shows a special interest in the person of full age.

1991, c. 64, a. 15.

16. The authorization of the court is necessary where the person who may give consent to care required by the state of health of a minor or a person of full age who is incapable of giving his consent is prevented from doing so or, without justification, refuses to do so; it is also required where a person of full age who is incapable of giving his consent categorically refuses to receive care, except in the case of hygienic care or emergency.

The authorization of the court is necessary, furthermore, to cause a minor 14 years of age or over to undergo care he refuses, except in the case of emergency if his life is in danger or his integrity threatened, in which case the consent of the person having parental authority or the tutor is sufficient.

1991, c. 64, a. 16.

17. A minor 14 years of age or over may give his consent alone to care not required by the state of his health; however, the consent of the person having parental authority or of the tutor is required if the care entails a serious risk for the health of the minor and may cause him grave and permanent effects.

1991, c. 64, a. 17.

18. Where the person is under 14 years of age or is incapable of giving his consent, consent to care not required by his state of health is given by the person having parental authority or the mandatary, tutor or curator; the authorization of the court is also necessary if the care entails a serious risk for health or if it might cause grave and permanent effects.

1991, c. 64, a. 18.

19. A person of full age who is capable of giving his consent may alienate a part of his body inter vivos, provided the risk incurred is not disproportionate to the benefit that may reasonably be anticipated.

A minor or a person of full age who is incapable of giving his consent may, with the consent of the person having parental authority, mandatary, tutor or curator and with the authorization of the court, alienate a part of his body only if that part is capable of regeneration and provided that no serious risk to his health results.

1991, c. 64, a. 19.

20. A person of full age who is capable of giving his consent may submit to an experiment provided that the risk incurred is not disproportionate to the benefit that can reasonably be anticipated.

1991, c. 64, a. 20.

21. A minor or a person of full age who is incapable of giving consent may not be submitted to an experiment if the experiment involves serious risk to his health or, where he understands the nature and consequences of the experiment, if he objects.

Moreover, a minor or a person of full age who is incapable of giving consent may be submitted to an experiment only if, where the person is the only subject of the experiment, it has the potential to produce benefit to the person’s health or only if, in the case of an experiment on a group, it has the potential to produce results capable of conferring benefit to other persons in the same age category or having the same disease or handicap. Such an experiment must be part of a research project approved and monitored by an ethics committee. The competent ethics committees are formed by the Minister of Health and Social Services or designated by that Minister among existing research ethics committees; the composition and operating conditions of the committees are determined by the Minister and published in the Gazette officielle du Québec.

Consent to experimentation may be given, in the case of a minor, by the person having parental authority or the tutor and, in the case of a person of full age incapable of giving consent, by the mandatary, tutor or curator. Where a person of full age suddenly becomes incapable of consent and the experiment, insofar as it must be undertaken promptly after the appearance of the condition giving rise to it, does not permit, for lack of time, the designation of a legal representative, consent may be given by the person authorized to consent to any care the person requires; it is incumbent upon the competent ethics committee to determine, when examining the research project, whether the experiment meets that condition.

Care considered by the ethics committee to be innovative care required by the state of health of the person concerned does not constitute an experiment.

1991, c. 64, a. 21; 1992, c. 57, s. 716; 1998, c. 32, s. 1.

22. A part of the body, whether an organ, tissue or other substance, removed from a person as part of the care he receives may, with his consent or that of the person qualified to give consent for him, be used for purposes of research.

1991, c. 64, a. 22.

23. When the court is called upon to rule on an application for authorization with respect to care or the alienation of a body part, it obtains the opinions of experts, of the person having parental authority, of the mandatary, of the tutor or the curator and of the tutorship council; it may also obtain the opinion of any person who shows a special interest in the person concerned by the application.

The court is also bound to obtain the opinion of the person concerned unless that is impossible, and to respect his refusal unless the care is required by his state of health.

1991, c. 64, a. 23; 1998, c. 32, s. 2.

24. Consent to care not required by a person’s state of health, to the alienation of a part of a person’s body, or to an experiment shall be given in writing.

It may be withdrawn at any time, even verbally.

1991, c. 64, a. 24.

25. The alienation by a person of a part or product of his body shall be gratuitous; it may not be repeated if it involves a risk to his health.

An experiment may not give rise to any financial reward other than the payment of an indemnity as compensation for the loss and inconvenience suffered.

1991, c. 64, a. 25.

DIVISION II CONFINEMENT IN AN INSTITUTION AND PSYCHIATRIC ASSESSMENT

1997, c. 75, s. 28.

26. No person may be confined in a health or social services institution for a psychiatric assessment or following a psychiatric assessment concluding that confinement is necessary without his consent or without authorization by law or the court.

Consent may be given by the person having parental authority or, in the case of a person of full age unable to express his wishes, by his mandatary, tutor or curator. Such consent may be given by the representative only if the person concerned does not object.

1991, c. 64, a. 26; 1997, c. 75, s. 29.

27. Where the court has serious reasons to believe that a person is a danger to himself or to others owing to his mental state, it may, on the application of a physician or an interested person and notwithstanding the absence of consent, order that he be confined temporarily in a health or social services institution for a psychiatric assessment. The court may also, where appropriate, authorize any other medical examination that is necessary in the circumstances. The application, if refused, may not be submitted again except where different facts are alleged.

If the danger is grave and immediate, the person may be placed under preventive confinement, without the authorization of the court, as provided for in the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (chapter P-38.001).

1991, c. 64, a. 27; 1997, c. 75, s. 30.

28. Where the court orders that a person be placed under confinement for a psychiatric assessment, an examination must be carried out within 24 hours after the person is taken in charge by the institution or, if the person was already under preventive confinement, within 24 hours of the court order.

If the physician who carries out the examination concludes that confinement in an institution is necessary, a second psychiatric examination must be carried out by another physician within 96 hours after the person is taken in charge by the institution or, if the person was already under preventive confinement, within 48 hours of the court order.

If a physician reaches the conclusion that confinement is not necessary, the person must be released. If both physicians reach the conclusion that confinement is necessary, the person may be kept under confinement without his consent or the authorization of the court for no longer than 48 hours.

1991, c. 64, a. 28; 1997, c. 75, s. 31.

29. A psychiatric examination report must deal in particular with the necessity of confining the person in an institution if he is a danger to himself or to others owing to his mental state, with the ability of the person who has undergone the examination to care for himself or to administer his property and, where applicable, with the advisability of instituting protective supervision of the person of full age.

The report must be filed with the court within seven days of the court order. It may not be disclosed, except to the parties, without the authorization of the court.

1991, c. 64, a. 29; 1997, c. 75, s. 32.

30. A court may not authorize confinement in an institution following a psychiatric assessment unless both psychiatric examination reports conclude that confinement is necessary.

A judgment authorizing confinement must also set the duration of confinement.

However, the person under confinement must be released as soon as confinement is no longer justified, even if the set period of confinement has not elapsed.

1991, c. 64, a. 30; 1997, c. 75, s. 33.

31. Every person confined in and receiving care in a health or social services establishment shall be informed by the establishment of the program of care established for him and of any important change in the program or in his living conditions.

If the person is under 14 years of age or is incapable of giving his consent, the information is given to the person who is authorized to give consent to care on his behalf.

1991, c. 64, a. 31.

CHAPTER II RESPECT OF CHILDREN’S RIGHTS

32. Every child has a right to the protection, security and attention that his parents or the persons acting in their stead are able to give to him.

1991, c. 64, a. 32.

33. Every decision concerning a child shall be taken in light of the child’s interests and the respect of his rights.

Consideration is given, in addition to the moral, intellectual, emotional and material needs of the child, to the child’s age, health, personality and family environment, and to the other aspects of his situation.

1991, c. 64, a. 33.

34. The court shall, in every application brought before it affecting the interest of a child, give the child an opportunity to be heard if his age and power of discernment permit it.

1991, c. 64, a. 34.

CHAPTER III RESPECT OF REPUTATION AND PRIVACY

35. Every person has a right to the respect of his reputation and privacy.

No one may invade the privacy of a person without the consent of the person or his heirs unless authorized by law.

1991, c. 64, a. 35.

36. The following acts, in particular, may be considered as invasions of the privacy of a person:

(1)  entering or taking anything in his dwelling;

(2)  intentionally intercepting or using his private communications;

(3)  appropriating or using his image or voice while he is in private premises;

(4)  keeping his private life under observation by any means;

(5)  using his name, image, likeness or voice for a purpose other than the legitimate information of the public;

(6)  using his correspondence, manuscripts or other personal documents.

1991, c. 64, a. 36.

37. Every person who establishes a file on another person shall have a serious and legitimate reason for doing so. He may gather only information which is relevant to the stated objective of the file, and may not, without the consent of the person concerned or authorization by law, communicate such information to third persons or use it for purposes that are inconsistent with the purposes for which the file was established. In addition, he may not, when establishing or using the file, otherwise invade the privacy or damage the reputation of the person concerned.

1991, c. 64, a. 37.

38. Except as otherwise provided by law, any person may, free of charge, examine and cause the rectification of a file kept on him by another person with a view to making a decision in his regard or to informing a third person; he may also cause a copy of it to be made at reasonable cost. The information contained in the file shall be made accessible in an intelligible transcript.

1991, c. 64, a. 38.

39. A person keeping a file on a person may not deny him access to the information contained therein unless he has a serious and legitimate reason for doing so or unless the information is of a nature that may seriously prejudice a third person.

1991, c. 64, a. 39.

40. Every person may cause information which is contained in a file concerning him and which is inaccurate, incomplete or equivocal to be rectified; he may also cause obsolete information or information not justified by the purpose of the file to be deleted, or deposit his written comments in the file.

Notice of the rectification is given without delay to every person having received the information in the preceding six months and, where applicable, to the person who provided that information. The same rule applies to an application for rectification, if it is contested.

1991, c. 64, a. 40.

41. Where the law does not provide the conditions and modalities of exercise of the right of examination or rectification of a file, the court, upon application, determines them.

Similarly, if it becomes difficult to exercise those rights, the court, upon application, settles the difficulty.

1991, c. 64, a. 41.

CHAPTER IV RESPECT OF THE BODY AFTER DEATH

42. A person of full age may determine the nature of his funeral and the disposal of his body; a minor may also do so with the written consent of the person having parental authority or his tutor. Failing the expressed wishes of the deceased, the wishes of the heirs or successors prevail; in both cases, the heirs and successors are bound to act; the expenses are charged to the succession.

1991, c. 64, a. 42.

43. A person of full age or a minor 14 years of age or over may, for medical or scientific purposes, give his body or authorize the removal of organs or tissues therefrom. A minor under 14 years of age may also do so with the consent of the person having parental authority or of his tutor.

These wishes are expressed verbally before two witnesses, or in writing, and may be revoked in the same manner. The expressed wishes shall be followed, except for a compelling reason.

1991, c. 64, a. 43.

44. A part of the body of a deceased person may be removed in the absence of knowledge or presumed knowledge of the wishes of the deceased, with the consent of the person who could give consent to care or could have given it.

Consent is not required where two physicians attest in writing to the impossibility of obtaining it in due time, the urgency of the operation and the serious hope of saving a human life or of improving its quality to an appreciable degree.

1991, c. 64, a. 44.

45. No part of the body may be removed before the death of the donor is attested by two physicians who do not participate either in the removal or in the transplantation.

1991, c. 64, a. 45.

46. An autopsy may be performed in the cases provided for by law or if the deceased had already given his consent thereto; it may also be performed with the consent of the person who was or would have been authorized to give his consent to care. The person requesting the autopsy or having given his consent thereto has a right to receive a copy of the report.

1991, c. 64, a. 46.

47. The court may, if circumstances justify it, order the performance of an autopsy on the deceased at the request of a physician or any interested person; in the latter case, it may restrict the release of parts of the autopsy report.

The coroner may also order the performance of an autopsy on the deceased in the cases provided for by law.

1991, c. 64, a. 47.

48. No person may embalm, bury or cremate a body before an attestation of death has been drawn up and six hours have elapsed since that was done.

1991, c. 64, a. 48.

49. Subject to compliance with the prescriptions of law, it is permissible to disinter a body on the order of a court, on the change of destination of its burial place or in order to bury it elsewhere or to repair the sepulture.

Disinterment is also permissible on the order of a coroner in accordance with the law.

1991, c. 64, a. 49.

TITLE THREE CERTAIN PARTICULARS RELATING TO THE STATUS OF PERSONS

CHAPTER I NAME

DIVISION I ASSIGNMENT OF NAME

50. Every person has a name which is assigned to him at birth and is stated in his act of birth.

The name includes the surname and given names.

1991, c. 64, a. 50.

51. A child is given, at the choice of his father and mother, one or more given names and the surname of one of them or a surname consisting of not more than two parts taken from the surnames of his father and mother.

1991, c. 64, a. 51.

52. In case of disagreement over the choice of a surname, the registrar of civil status assigns to the child a surname consisting of two parts, one part being taken from the surname of his father and the other from that of his mother, according to their choice, respectively.

If the disagreement is over the choice of a given name, he assigns to the child two given names chosen by his father and his mother, respectively.

1991, c. 64, a. 52.

53. If only the paternal or the maternal filiation of a child is established, he bears the surname of his father or of his mother, as the case may be, and one or more given names chosen by his father or mother.

A child whose filiation is not established bears the name assigned to him by the registrar of civil status.

1991, c. 64, a. 53.

54. Where the name chosen by the father and mother contains an odd compound surname or odd given names which invite ridicule or which may discredit the child, the registrar of civil status may suggest to the parents that they change the child’s name.

If they refuse to do so, the registrar has authority to bring his dispute with the parents before the court and demand the assignment to the child of the surname of one of his parents or of two given names in common use, as the case may be.

1991, c. 64, a. 54.

DIVISION II USE OF NAME

55. Every person has a right to the respect of his name.

He may use one or more of the given names stated in his act of birth.

1991, c. 64, a. 55.

56. A person who uses a name other than his own is liable for any resulting confusion or damage.

The holder of a name as well as his spouse or close relatives may object to such use and demand redress for the damage caused.

1991, c. 64, a. 56.

DIVISION III CHANGE OF NAME

§ 1 . — General provision

57. No change may be made to a person’s name, whether of his surname or given name, without the authorization of the registrar of civil status or the court, in accordance with the provisions of this section.

1991, c. 64, a. 57.

§ 2 . — Change of name by way of administrative process

58. The registrar of civil status has competence to authorize a change of name for a serious reason in every case that does not come under the jurisdiction of the court, and in particular where the name generally used does not correspond to that appearing in the act of birth, where the name is of foreign origin or too difficult to pronounce or write in its original form or where the name invites ridicule or has become infamous.

The registrar also has competence where a person applies for the addition to the surname of a part taken from the surname of the father or mother, as declared in the act of birth.

1991, c. 64, a. 58.

59. A person of full age who is a Canadian citizen and who has been domiciled in Québec for at least one year may apply for a change of name. If the application concerns the surname, it is also valid as an application in respect of the person’s minor children who bear the same surname or part of that surname.

A person may also apply for the change of the given names of the minor children or the addition of a part to their surname taken from the person’s own surname.

1991, c. 64, a. 59.

60. The tutor to a minor may apply for the change of the name of his pupil, if the latter is a Canadian citizen and has been domiciled in Québec for at least one year.

1991, c. 64, a. 60.

61. A person applying for a change of name states his reasons and gives the name of his father and mother, the name of his spouse and of his children and, where applicable, the name of his children’s other parent.

The person attests under oath that the reasons stated and the information given are true, and appends all the necessary documents to his application.

1991, c. 64, a. 61.

62. Except for a compelling reason, no change of name of a minor child may be granted if the tutor or the minor, if 14 years of age or over, has not been notified of the application or objects to it.

However, in the case of an application for the addition to the surname of the minor of a part taken from the surname of the father or mother, only the minor has the right to object.

1991, c. 64, a. 62.

63. Before authorizing a change of name, the registrar of civil status shall ascertain that the notices of the application have been published, unless a special exemption from publication has been granted by the minister responsible for civil status for reasons of general interest; he shall give to third persons who so request the opportunity to state their views.

The registrar may also require the applicant to furnish any additional explanation and information he may need.

1991, c. 64, a. 63; 1996, c. 21, s. 27.

64. All other rules respecting the procedure for a change of name, the publication of the application and decision, and the duties payable by the person making the application are determined by regulation of the Government.

1991, c. 64, a. 64.

§ 3 . — Change of name by way of judicial process

65. The court has exclusive jurisdiction to authorize the change of the name of a child in the case of a change of filiation, of abandonment by the father or mother, or of deprivation of parental authority.

1991, c. 64, a. 65.

66. A minor 14 years of age or over acting alone may present an application for a change of name, but he shall in such a case give notice of the application to the person having parental authority and to the tutor.

The minor acting alone may also object to an application.

1991, c. 64, a. 66.

§ 4 . — Effects of a change of name

67. A change of name produces its effects from the time the judgment authorizing it acquires the authority of a final judgment (res judicata) or from the time that the decision of the registrar of civil status is no longer open to review.

Notice of the change is published in the Gazette officielle du Québec unless a special exemption from publication is granted by the minister responsible for civil status for reasons of general interest.

1991, c. 64, a. 67; 1996, c. 21, s. 27.

68. A change of name nowise alters the rights and obligations of a person.

1991, c. 64, a. 68.

69. All documents made under the former name of a person are deemed to be made under his new name.

The person or any interested third person may, at his expense and upon furnishing proof of the change of name, demand that the documents be rectified by indicating the new name.

1991, c. 64, a. 69.

70. Any proceedings to which a person who has changed his name is a party are continued under his new name, without continuance of suit.

1991, c. 64, a. 70.

DIVISION IV CHANGE OF DESIGNATION OF SEX

71. Every person who has successfully undergone medical treatments and surgical operations involving a structural modification of the sexual organs intended to change his secondary sexual characteristics may have the designation of sex which appears on his act of birth and, if necessary, his given names changed.

Only an unmarried person of full age who has been domiciled in Québec for at least one year and is a Canadian citizen may make an application under this article.

1991, c. 64, a. 71.

72. The application is made to the registrar of civil status; it is accompanied with, in addition to the other relevant documents, a certificate of the attending physician and an attestation by another physician practising in Québec to the effect that the treatments and operations were successful.

1991, c. 64, a. 72.

73. The application is subject to the same procedure as an application for a change of name and to the same publication requirements and the same duties. The rules relating to the effects of a change of name, adapted as required, apply to a change of designation of sex.

In the register of civil status, however, the new designation of sex is entered only in the act of birth of the person concerned.

1991, c. 64, a. 73.

DIVISION V REVIEW OF DECISIONS

74. Any decision of the registrar of civil status relating to the assignment of a name or to a change of name or designation of sex may be reviewed by the court, on the application of an interested person.

1991, c. 64, a. 74.

CHAPTER II DOMICILE AND RESIDENCE

75. The domicile of a person, for the exercise of his civil rights, is at the place of his principal establishment.

1991, c. 64, a. 75.

76. Change of domicile is effected by actual residence in another place coupled with the intention of the person to make it the seat of his principal establishment.

The proof of such intention results from the declarations of the person and from the circumstances of the case.

1991, c. 64, a. 76.

77. The residence of a person is the place where he ordinarily resides; if a person has more than one residence, his principal residence is considered in establishing his domicile.

1991, c. 64, a. 77.

78. A person whose domicile cannot be determined with certainty is deemed to be domiciled at the place of his residence.

A person who has no residence is deemed to be domiciled at the place where he lives or, if that is unknown, at the place of his last known domicile.

1991, c. 64, a. 78.

79. A person called to a temporary or revocable public office retains his domicile, unless he manifests a contrary intention.

1991, c. 64, a. 79.

80. An unemancipated minor is domiciled with his tutor.

Where the father and mother exercise the tutorship but have no common domicile, the minor is presumed to be domiciled with the parent with whom he usually resides unless the court has fixed the domicile of the child elsewhere.

1991, c. 64, a. 80.

81. A person of full age under tutorship is domiciled with his tutor; a person under curatorship is domiciled with his curator.

1991, c. 64, a. 81.

82. Spouses may have separate domiciles without prejudice to the rules respecting their living together.

1991, c. 64, a. 82.

83. The parties to a juridical act may, in writing, elect domicile with a view to the execution of the act or the exercise of the rights arising from it.

Election of domicile is not presumed.

1991, c. 64, a. 83.

CHAPTER III ABSENCE AND DEATH

DIVISION I ABSENCE

84. An absentee is a person who, while he had his domicile in Québec, ceased to appear there without advising anyone, and of whom it is unknown whether he is still alive.

1991, c. 64, a. 84.

85. An absentee is presumed to be alive for seven years following his disappearance, unless proof of his death is made before then.

1991, c. 64, a. 85.

86. A tutor may be appointed to an absentee who has rights to be exercised or property to be administered if the absentee did not designate an administrator to his property or if the administrator is unknown, refuses or neglects to act or is prevented from acting.

1991, c. 64, a. 86.

87. Any interested person, including the Public Curator or a creditor of the absentee, may apply for the institution of tutorship to the absentee.

Tutorship is awarded by the court on the advice of the tutorship council and the rules respecting tutorship to minors, adapted as required, apply to tutorship to absentees.

1991, c. 64, a. 87.

88. The court, on the application of the tutor or of an interested person and according to the extent of the property, fixes the amounts that it is expedient to allocate to the expenses of the marriage, to the maintenance of the family or to the payment of the obligation of support of the absentee.

1991, c. 64, a. 88.

89. The spouse of or the tutor to the absentee may, after one year of absence, apply to the court for a declaration that the patrimonial rights of the spouses may be liquidated.

The tutor shall obtain the authorization of the court to accept or renounce the partition of the acquests of the spouse of the absentee or otherwise decide on the other rights of the absentee.

1991, c. 64, a. 89.

90. Tutorship to an absentee is terminated by his return, by the appointment by him of an administrator to his property, by declaratory judgment of death or by proof of his death.

1991, c. 64, a. 90.

91. In case of superior force, a tutor may also be appointed, as in the case of an absentee, to a person prevented from appearing at his domicile and who is unable to appoint an administrator to his property.

1991, c. 64, a. 91.

DIVISION II DECLARATORY JUDGMENT OF DEATH

92. A declaratory judgment of death may be pronounced on the application of any interested person, including the Public Curator, seven years after disappearance.

It may also be pronounced before that time where the death of a person domiciled in Québec or presumed to have died there may be held to be certain although it is impossible to draw up an attestation of death.

1991, c. 64, a. 92.

93. A declaratory judgment of death states the name and sex of the person presumed dead and, if known, the place and date of his birth and marriage, the place of his last domicile, the names of his father, mother and spouse, and the date, time and place of his death.

A copy of the judgment is transmitted without delay to the chief coroner by the clerk of the court that rendered the decision.

1991, c. 64, a. 93.

94. The date fixed as the date of death is either the date occurring on the expiry of seven years from disappearance, or an earlier date if the presumptions drawn from the circumstances allow the death of a person to be held to be certain at that date.

In the absence of other proof, the place fixed as the place of death is that where the person was last seen.

1991, c. 64, a. 94.

95. A declaratory judgment of death produces the same effects as death.

1991, c. 64, a. 95.

96. If the date of death is proved to precede that fixed by the declaratory judgment of death, the dissolution of the matrimonial regime is retroactive to the true date of death and the succession is open from that date.

If the date of death is proved to follow that fixed by the declaratory judgment of death, the dissolution of the matrimonial regime is retroactive to the date fixed by the judgment but the succession is open only from the true date of death.

Relations between the apparent heirs and the true heirs are governed by those rules contained in the Book on Obligations which concern the restitution of prestations.

1991, c. 64, a. 96.

DIVISION III RETURN

97. Where a person declared dead by a declaratory judgment of death returns, the effects of the judgment cease but the marriage remains dissolved.

However, if difficulties arise over custody of the children or support, they are settled as in the case of separation from bed and board.

1991, c. 64, a. 97.

98. A person who has returned shall apply to the court for annulment of the declaratory judgment of death and rectification of the register of civil status. He may also, subject to the rights of third persons, apply to the court for the cancellation or rectification of the particulars or entries made following the declaratory judgment of death and nullified by his return, as if they had been made without right.

Any interested person may make the application to the court at the expense of the person who has returned if the latter fails to act.

1991, c. 64, a. 98.

99. A person who has returned recovers his property according to the rules contained in the Book on Obligations which concern the restitution of prestations. He reimburses the persons who, in good faith, were in possession of his property and who discharged his obligations otherwise than with his property.

1991, c. 64, a. 99.

100. Any payment made to the heirs or legatees by particular title of a person who has returned after a declaratory judgment of death but before the particulars or entries are cancelled or rectified is valid and constitutes a valid discharge.

1991, c. 64, a. 100.

101. An apparent heir who learns that the person declared dead is alive retains possession of the property and acquires the fruits and revenues thereof until the person who has returned applies to resume possession of his property.

1991, c. 64, a. 101.

DIVISION IV PROOF OF DEATH

102. Proof of death is established by an act of death, except in cases where the law authorizes another mode of proof.

1991, c. 64, a. 102.

CHAPTER IV REGISTER AND ACTS OF CIVIL STATUS

DIVISION I OFFICER OF CIVIL STATUS

103. The registrar of civil status is the sole officer of civil status.

The registrar is responsible for drawing up and altering acts of civil status, for the keeping and custody of the register of civil status and for providing access to it.

1991, c. 64, a. 103.

DIVISION II REGISTER OF CIVIL STATUS

104. The register of civil status consists of all the acts of civil status and the juridical acts by which they are altered.

1991, c. 64, a. 104.

105. The register of civil status is kept in duplicate; one duplicate consists of all the written documents and the other is kept on a data retrieval system.

If there is any variance between the duplicates of the register, that in writing prevails but in all cases, one of the duplicates may be used to reconstitute the other.

1991, c. 64, a. 105.

106. One version of the register of civil status is also kept in a different place from that where the duplicates of the register are kept.

1991, c. 64, a. 106.

DIVISION III ACTS OF CIVIL STATUS

§ 1 . — General provisions

107. The only acts of civil status are acts of birth, acts of marriage and acts of death.

They contain only what is required by law, and are authentic.

1991, c. 64, a. 107.

108. The acts of civil status are drawn up without delay from the attestations, declarations and juridical acts received by the registrar of civil status, regarding births, marriages and deaths occurring in Québec or concerning persons domiciled in Québec.

1991, c. 64, a. 108.

109. The registrar of civil status prepares an act of civil status by signing the declaration he receives, or by drawing it up himself in accordance with the judgment or other act he receives.

He dates the declaration, affixes a registration number to it and places it in the register of civil status. The declaration thereupon constitutes an act of civil status.

1991, c. 64, a. 109.

110. Every attestation and declaration indicates the date on which it was made and the name, quality and domicile of the person making it and bears his signature.

1991, c. 64, a. 110.

§ 2 . — Acts of birth

111. The accoucheur draws up an attestation of birth.

An attestation states the place, date and time of birth, the sex of the child, and the name and domicile of the mother.

1991, c. 64, a. 111.

112. The accoucheur transmits a copy of the attestation to those who are required to declare the birth; he transmits without delay another copy of the attestation to the registrar of civil status, together with the declaration of birth of the child, unless it cannot be transmitted immediately.

1991, c. 64, a. 112.

113. The declaration of birth of a child is made by the father and mother, or by either of them, to the registrar of civil status within 30 days, before a witness, who signs it.

1991, c. 64, a. 113.

114. Only the father or mother may declare the filiation of a child with regard to themselves. However, where the child is conceived or born during the marriage, one of the parents may declare the filiation of the child with regard to the other.

No other person may declare the filiation with regard to one of the parents, except with the authorization of that parent.

1991, c. 64, a. 114.

115. A declaration of birth states the name assigned to the child, the sex and the place, date and time of birth of the child, the name and domicile of the father, of the mother, and of the witness, and the degree of consanguinity between the declarant and the child.

The person who makes the declaration attaches to it a copy of the attestation of birth.

1991, c. 64, a. 115.

116. Every person who gives shelter to or takes custody of a newborn child whose father and mother are unknown or prevented from acting is bound to declare the birth to the registrar of civil status within 30 days.

A declaration states the sex and, if known, the name and the place, date and time of birth of the child. The person making a declaration shall attach a note to it relating the facts and circumstances and indicating, if known to him, the names of the father and mother.

1991, c. 64, a. 116.

117. Where the place, date and time of birth are unknown, the registrar of civil status fixes them on the basis of a medical report and the presumptions that may be drawn from the circumstances.

1991, c. 64, a. 117.

§ 3 . — Acts of marriage

118. A person who solemnizes a marriage declares it to the registrar of civil status within 30 days of the solemnization.

1991, c. 64, a. 118.

119. A declaration of marriage states the name and domicile of each spouse, their places and dates of birth, the date of their marriage, and the name of the father and mother of each of them and of the witnesses.

The declaration also states the name, domicile and quality of the officiant and indicates, where applicable, his religious affiliation.

1991, c. 64, a. 119.

120. A declaration of marriage indicates, where such is the case, the fact of a dispensation from publication and, if one of the spouses is a minor, the authorizations or consents obtained.

1991, c. 64, a. 120.

121. The declaration is signed by the officiant, the spouses and the witnesses.

1991, c. 64, a. 121.

§ 4 . — Acts of death

122. The physician who establishes that a death has occurred draws up an attestation of death.

He transmits a copy of the attestation to the person who is required to declare the death; he transmits without delay another copy of the attestation to the registrar of civil status, together with the declaration of death, unless it cannot be transmitted immediately.

1991, c. 64, a. 122.

123. If it is impossible to have a death attested by a physician within a reasonable time, and if death is obvious, the attestation of death may be drawn up by two peace officers, who are then bound by the same obligations as the physician.

1991, c. 64, a. 123.

124. An attestation states the name and sex of the deceased and the place, date and time of death.

1991, c. 64, a. 124.

125. A declaration of death is made without delay to the registrar of civil status by the spouse of the deceased, a close relative or a person connected by marriage or, failing them, by any other person able to identify the deceased. The declaration is made before a witness, who signs it.

1991, c. 64, a. 125.

126. A declaration of death states the name and sex, place and date of birth and marriage, place of last domicile, place, date and time of death and place, date and mode of disposal of the body of the deceased, and the names of the father and mother and, where applicable, of the spouse of the deceased.

The person who makes the declaration attaches to it a copy of the attestation of death.

1991, c. 64, a. 126.

127. Where the date and time of death are unknown, the registrar of civil status fixes them on the basis of the report of a coroner and the presumptions that may be drawn from the circumstances.

If the place of death is unknown, it is presumed to be the place where the body was discovered.

1991, c. 64, a. 127.

128. If the deceased cannot be identified, the attestation includes a description of the body and an account of the circumstances surrounding its discovery.

1991, c. 64, a. 128.

DIVISION IV ALTERATION OF THE REGISTER OF CIVIL STATUS

§ 1 . — General provision

129. The clerk of the court that has rendered a judgment changing the name of a person or otherwise altering the status of a person or any particular in an act of civil status gives notice of the judgment to the registrar of civil status as soon as it acquires the authority of a final judgment (res judicata).

The registrar of civil status then makes the required entries to ensure the publication of the register.

1991, c. 64, a. 129.

§ 2 . — Preparation of acts and notations

130. Where a birth, marriage or death having occurred in Québec is not attested or declared or is attested or declared inaccurately or late, the registrar of civil status makes a summary investigation, draws up the act of civil status on the basis of the information he obtains and inserts the act in the register of civil status.

1991, c. 64, a. 130.

131. Where the declaration and the attestation contain particulars that are contradictory yet essential to the establishment of the status of a person, no act of civil status may be drawn up except with the authorization of the court, on the application of the registrar of civil status or of an interested person.

1991, c. 64, a. 131.

132. A new act of civil status is drawn up, on the application of an interested person, where a judgment changing an essential particular in an act of civil status, such as the name or filiation of a person, has been notified to the registrar of civil status or where the decision to authorize a change of name or of designation of sex has become final.

To complete the act, the registrar may require the new declaration he draws up to be signed by those who could have signed it if it had been the original declaration.

The new act is substituted for the original act; it repeats all the statements and particulars that are not affected by the alterations. In addition, the substitution is noted in the original act.

1991, c. 64, a. 132.

133. Where a declaratory judgment of death is notified to him, the registrar of civil status draws up the act of death, indicating the particulars in accordance with the judgment.

1991, c. 64, a. 133.

134. The registrar of civil status makes a notation of the act of marriage in the act of birth; he also makes a notation of the act of death in the act of birth and the act of marriage.

1991, c. 64, a. 134.

135. The registrar of civil status, upon notification of a judgment granting a divorce, shall make a notation in the acts of birth and marriage of each of the persons concerned.

Upon notification of a judgment in nullity of marriage or annulling a declaratory judgment of death, the registrar shall cancel the act of marriage or of death, as the case may be, and make the required entries to ensure the coherence of the register.

1991, c. 64, a. 135.

136. Where the registrar of civil status makes a notation in an act as a result of a judgment, he enters, in the act, the object and date of the judgment, the court that rendered it and the number of the court record.

In any other case, he makes the necessary notations in the act to allow retrieval of the altering act.

1991, c. 64, a. 136.

137. The registrar of civil status, upon receiving an act of civil status made outside Québec but relating to a person domiciled in Québec, inserts the act in the register as though it were an act drawn up in Québec.

He inserts the juridical acts made outside Québec which alter or replace acts of civil status in his possession; he then makes the required entries to ensure the publication of the register.

Notwithstanding their insertion in the register, juridical acts, including acts of civil status, made outside Québec retain their status as semi-authentic acts until their validity is recognized by a court in Québec. The registrar shall mention this fact when issuing copies, certificates or attestations in respect of such acts.

1991, c. 64, a. 137.

138. Where there is any doubt as to the validity of an act of civil status or a juridical act made outside Québec, the registrar of civil status may refuse to act until the validity of the document is recognized by a court in Québec.

1991, c. 64, a. 138.

139. If an act of civil status drawn up outside Québec has been lost or destroyed or if no copy of it can be obtained, the registrar of civil status shall not draw up an act of civil status or make a notation in an act already in his possession except with the authorization of the court.

1991, c. 64, a. 139.

140. Every act of civil status or juridical act made outside Québec and drawn up in a language other than French or English shall be accompanied by a translation authenticated in Québec.

1991, c. 64, a. 140.

§ 3 . — Rectification and reconstitution of an act and of the register

141. Except in the cases provided for in this chapter, only the court may order the rectification of an act of civil status or its insertion in the register.

The court may also, on the application of an interested person, review any decision of the registrar of civil status relating to an act of civil status.

1991, c. 64, a. 141.

142. The registrar of civil status corrects the clerical errors in all acts.

1991, c. 64, a. 142.

143. On the basis of the information he obtains, the registrar of civil status reconstitutes, in accordance with the Code of Civil Procedure (chapter C-25), any act which has been lost or destroyed.

1991, c. 64, a. 143.

DIVISION V PUBLICATION OF THE REGISTER OF CIVIL STATUS

144. The register of civil status is published by the issuing of copies of acts, certificates or attestations bearing the vidimus of the registrar of civil status and the date of issue.

Subject to article 137, copies of acts of civil status, certificates and attestations issued under this section are authentic.

1991, c. 64, a. 144.

145. Any document which reproduces in their entirety the statements of an act of civil status, as they have been altered where that is the case, is a copy of that act.

1991, c. 64, a. 145.

146. A certificate of civil status sets forth the name of the person, his sex, his place and date of birth, and, where applicable, the name of his spouse and the place and date of his marriage or death.

The registrar of civil status may also issue certificates of birth, marriage or death bearing only the particulars relating to one certified fact.

1991, c. 64, a. 146.

147. An attestation deals with the presence or absence in the register of an act or of a notation required by law to be made in the act.

1991, c. 64, a. 147.

148. The registrar of civil status issues a copy of an act only to the persons mentioned in the act or to persons who establish their interest; he issues certificates to all persons who apply for them.

The registrar issues an attestation to all persons who apply therefor if the particular or fact it attests to is of the kind which appears on certificates; otherwise, he issues it only to persons who establish their interest.

1991, c. 64, a. 148.

149. Where a new act has been drawn up, only the persons mentioned in the new act may obtain a copy of the original act. However, in cases of adoption, no copy of the original act is ever issued unless, the other conditions of law having been fulfilled, it is authorized by the court.

Once an act has been annulled, only persons who establish their interest may obtain a copy of the annulled act.

1991, c. 64, a. 149.

150. The register of civil status may be consulted only with the authorization of the registrar of civil status.

Where the registrar allows the register to be consulted, he determines the conditions required for the safeguard of the information it contains.

1991, c. 64, a. 150.

DIVISION VI REGULATORY POWERS RELATING TO THE KEEPING AND PUBLICATION OF THE REGISTER OF CIVIL STATUS

151. The minister responsible for civil status may designate persons to sign documents and to ensure public access to the register under the authority of the registar of civil status. The Minister gives notice of such designations in the Gazette officielle du Québec.

The additional particulars that may appear on attestations and declarations, the duties payable for the issuing of copies of acts, certificates or attestations and the charge for preparing an act or consulting the register are fixed by regulation of the Government.

1991, c. 64, a. 151; 1996, c. 21, s. 27.

152. In Cree, Inuit or Naskapi communities, the local registry officer or another public servant appointed under any Act respecting Cree, Inuit and Naskapi native persons may be authorized, to the extent provided by regulation, to perform certain duties of the registrar of civil status.

1991, c. 64, a. 152.

TITLE FOUR CAPACITY OF PERSONS

CHAPTER I MAJORITY AND MINORITY

DIVISION I MAJORITY

153. Full age or the age of majority is 18 years.

On attaining full age, a person ceases to be a minor and has the full exercise of all his civil rights.

1991, c. 64, a. 153.

154. In no case may the capacity of a person of full age be limited except by express provision of law or by a judgment ordering the institution of protective supervision.

1991, c. 64, a. 154.

DIVISION II MINORITY

155. A minor exercises his civil rights only to the extent provided by law.

1991, c. 64, a. 155.

156. A minor 14 years of age or over is deemed to be of full age for all acts pertaining to his employment or to the practice of his craft or profession.

1991, c. 64, a. 156.

157. A minor may, within the limits imposed by his age and power of discernment, enter into contracts alone to meet his ordinary and usual needs.

1991, c. 64, a. 157.

158. Except where he may act alone, a minor is represented by his tutor for the exercise of his civil rights.

Unless the law or the nature of the act does not allow it, an act that may be performed by a minor alone may also be validly performed by his representative.

1991, c. 64, a. 158.

159. In judicial matters, a minor shall be represented by his tutor; his actions are brought in the name of his tutor.

A minor may, however, with the authorization of the court, institute alone an action relating to his status, to the exercise of parental authority or to an act that he may perform alone; he may in such cases act alone as defendant.

1991, c. 64, a. 159.

160. A minor may invoke, alone, in his defence, any irregularity arising from lack of representation or incapacity resulting from his minority.

1991, c. 64, a. 160.

161. An act performed alone by a minor where the law does not allow him to act alone or through a representative is absolutely null.

1991, c. 64, a. 161.

162. An act performed by the tutor without the authorization of the court although the nature of the act requires it may be annulled on the application of the minor, without any requirement to prove that he has suffered damage.

1991, c. 64, a. 162.

163. An act performed alone by a minor or his tutor without the authorization of the tutorship council although the nature of the act requires it may not be annulled or the obligations arising from it reduced, on the application of the minor, unless he suffers damage therefrom.

1991, c. 64, a. 163.

164. A minor may not bring an action in nullity or reduction of his obligations if the damage he suffers is caused by a fortuitous and unforeseen event.

A minor may not avoid an extracontractual obligation to redress damage caused to another person by his fault.

1991, c. 64, a. 164.

165. The mere declaration by a minor that he is of full age does not deprive him of his action in nullity or reduction of his obligations.

1991, c. 64, a. 165.

166. On attaining full age, a person may confirm an act he performed alone during minority for which he required to be represented. After accounts of tutorship are rendered, he may also confirm an act performed by his tutor without observance of all the formalities.

1991, c. 64, a. 166.

DIVISION III EMANCIPATION

§ 1 . — Simple emancipation

167. The tutor may, after obtaining the agreement of the tutorship council, emancipate a minor if he is 16 years of age or over and requests it, by filing a declaration to that effect with the Public Curator.

Emancipation is effective from the filing of the declaration.

1991, c. 64, a. 167.

168. The court may likewise, after obtaining the advice of the tutor and, where applicable, of the tutorship council, emancipate a minor.

A minor may apply alone for his emancipation.

1991, c. 64, a. 168.

169. The tutor is accountable for his administration to the emancipated minor; he continues, however, to assist him gratuitously.

1991, c. 64, a. 169.

170. Emancipation does not put an end to minority nor does it confer all the rights resulting from majority, but it releases the minor from the obligation to be represented for the exercise of his civil rights.

1991, c. 64, a. 170.

171. An emancipated minor may establish his own domicile, and he ceases to be under the authority of his father and mother.

1991, c. 64, a. 171.

172. In addition to the acts that a minor may perform alone, an emancipated minor may perform all acts of simple administration; thus, he may, as a lessee, sign leases for terms not exceeding three years and make gifts of his property according to his means, provided he does not notably reduce his capital.

1991, c. 64, a. 172.

173. An emancipated minor shall be assisted by his tutor for every act beyond simple administration, and in particular for accepting a gift encumbered with a charge or for renouncing a succession.

An act performed without assistance may not be annulled or the obligations arising from it reduced unless the minor suffers damage therefrom.

1991, c. 64, a. 173.

174. Loans or borrowings of large amounts, considering the patrimony of an emancipated minor, and acts of alienation of an immovable or enterprise require the authorization of the court, on the advice of the tutor. Otherwise, the act may not be annulled or the obligations arising from it reduced, on the application of the minor, unless he suffers damage therefrom.

1991, c. 64, a. 174.

§ 2 . — Full emancipation

175. Full emancipation is obtained by marriage.

It may also, on the application of the minor, be granted by the court for a serious reason; in that case, the person having parental authority, the tutor and any person having custody of the minor and, where applicable, the tutorship council shall be summoned to give their opinion.

1991, c. 64, a. 175.

176. Full emancipation enables a minor to exercise his civil rights as if he were of full age.

1991, c. 64, a. 176.

CHAPTER II TUTORSHIP TO MINORS

DIVISION I TUTORSHIP

177. Tutorship is established in the interest of the minor; it is intended to ensure the protection of his person, the administration of his patrimony and, generally, to secure the exercise of his civil rights.

1991, c. 64, a. 177.

178. Tutorship to minors is legal or dative.

Tutorship resulting from the law is legal; tutorship conferred by the father and mother or by the court is dative.

1991, c. 64, a. 178.

179. Tutorship is a personal office open to every natural person capable of fully exercising his civil rights who is able to assume the office.

1991, c. 64, a. 179.

180. No person may be compelled to accept a dative tutorship except, failing any other person, the director of youth protection or, for tutorship to property, the Public Curator.

1991, c. 64, a. 180.

181. Tutorship does not pass to the heirs of the tutor; they are simply responsible for his administration. If they are of full age, they are bound to continue his administration until a new tutor is appointed.

1991, c. 64, a. 181.

182. Tutorship exercised by the director of youth protection or the Public Curator is attached to the office.

1991, c. 64, a. 182.

183. Fathers and mothers, the director of youth protection or the person recommended by him as tutor exercise tutorship gratuitously.

However, a father and mother may receive such remuneration as may be fixed by the court, on the advice of the tutorship council, for the administration of the property of their child where that is one of their principal occupations.

1991, c. 64, a. 183.

184. A dative tutor may receive such remuneration as is fixed by the court on the advice of the tutorship council or by the father or mother by whom he is appointed, or by the liquidator of their succession if so authorized. The expenses of the tutorship and the revenue from the property to be administered are taken into account.

1991, c. 64, a. 184.

185. Except where divided, tutorship extends to the person and property of the minor.

1991, c. 64, a. 185.

186. Where tutorship extends to the person of the minor and is exercised by a person other than the father or mother, the tutor acts as the person having parental authority, unless the court decides otherwise.

1991, c. 64, a. 186.

187. In no case may more than one tutor to the person be appointed, but several tutors to property may be appointed.

1991, c. 64, a. 187.

188. The tutor to property is responsible for the administration of the property of the minor, but the tutor to the person represents the minor in judicial proceedings regarding that property.

Where several tutors to property are appointed, each of them is accountable for the management of the property entrusted to him.

1991, c. 64, a. 188.

189. A legal person may act as tutor to property, if so authorized by law.

1991, c. 64, a. 189.

190. Whenever a minor has any interest to discuss judicially with his tutor, a tutor ad hoc is appointed to him.

1991, c. 64, a. 190.

191. Tutorship is based at the domicile of the minor.

If a tutorship is exercised by the director of youth protection or by the Public Curator, the tutorship is based at the place where that person holds office.

1991, c. 64, a. 191.

DIVISION II LEGAL TUTORSHIP

192. In addition to having the rights and duties connected with parental authority, the father and mother, if of full age or emancipated, are, of right, tutors to their minor child for the purposes of representing him in the exercise of his civil rights and administering his patrimony.

The father and mother are also tutors to their child conceived but yet unborn and are responsible for acting on his behalf in all cases where his patrimonial interests require it.

1991, c. 64, a. 192.

193. The father and mother exercise tutorship together unless one parent is deceased or prevented from expressing his wishes or from doing so in due time.

1991, c. 64, a. 193.

194. Either parent may give the other the mandate to represent him in the performance of acts pertaining to the exercise of tutorship.

The mandate is presumed with regard to third persons in good faith.

1991, c. 64, a. 194.

195. Where the custody of a child is decided by judgment, the tutorship continues to be exercised by the father and mother, unless the court, for grave reasons, decides otherwise.

1991, c. 64, a. 195.

196. In case of disagreement relating to the exercise of the tutorship between the father and mother, either of them may refer the dispute to the court.

The court decides in the interest of the minor after fostering the conciliation of the parties and, if need be, obtaining the opinion of the tutorship council.

1991, c. 64, a. 196.

197. Deprivation of parental authority entails loss of tutorship; withdrawal of certain attributes of parental authority or of the exercise of such attributes entails loss of tutorship only if so decided by the court.

1991, c. 64, a. 197.

198. A father or mother deprived of tutorship as a result of having been deprived of parental authority or having had the exercise of certain attributes of parental authority withdrawn may, even after dative tutorship is instituted, be reinstated as tutor once he or she again has full exercise of parental authority.

1991, c. 64, a. 198.

199. Where the court declares the father and mother of a minor deprived of parental authority without appointing another tutor, the director of youth protection having jurisdiction in the child’s place of residence becomes by virtue of his office legal tutor to the child unless the child is already provided with a tutor other than his father and mother.

The director of youth protection is also, until the order of placement, legal tutor to a child he has caused to be declared eligible for adoption or in whose respect he has received a general consent to adoption, except where the court has appointed another tutor.

1991, c. 64, a. 199.

DIVISION III DATIVE TUTORSHIP

200. A father or mother may appoint a tutor to his or her minor child by will, by a mandate given in anticipation of the mandator’s incapacity or by filing a declaration to that effect with the Public Curator.

1991, c. 64, a. 200; 1998, c. 51, s. 22.

201. The right to appoint a tutor belongs exclusively to the last surviving parent or to the last parent who is able to exercise tutorship, as the case may be, if that parent has retained legal tutorship to the day of his death.

Where both parents die simultaneously or lose the ability to exercise tutorship during the same event, each having designated a different person as tutor, and both persons accept the office, the court decides which person will hold it.

1991, c. 64, a. 201; 1998, c. 51, s. 23.

202. Unless the designation is contested, the tutor appointed by the father or mother assumes office upon accepting it.

If the person does not refuse the office within 30 days after being informed of his appointment, he is presumed to have accepted.

1991, c. 64, a. 202; 1998, c. 51, s. 24.

203. Whether the tutor appointed by the father or mother accepts or refuses the office, he shall notify the liquidator of the succession and the Public Curator.

1991, c. 64, a. 203.

204. Where the person appointed by either parent refuses tutorship, he shall without delay notify his refusal to the replacement, if any, designated by the parent.

The person may, however, retract his refusal before the replacement accepts the office or an application to institute tutorship is made to the court.

1991, c. 64, a. 204.

205. Tutorship is conferred by the court where it is expedient to appoint a tutor or a replacement, to appoint a tutor ad hoc or a tutor to property or where the designation of a tutor appointed by the father and mother is contested.

Tutorship is conferred on the advice of the tutorship council, unless it is applied for by the director of youth protection.

1991, c. 64, a. 205.

206. The minor, the father or mother and close relatives of the minor and persons connected by marriage to the minor or any other interested person, including the Public Curator, may apply to the court and, if necessary, propose a suitable person who is willing to accept the tutorship.

1991, c. 64, a. 206.

207. The director of youth protection or the person recommended as tutor by him may also apply for the institution of tutorship to an orphan who is a minor and who has no tutor, or to a child whose father and mother both fail, in fact, to assume his care, maintenance or education, or to a child who in all likelihood would be in danger if he returned to his father and mother.

1991, c. 64, a. 207.

DIVISION IV ADMINISTRATION OF TUTORS

208. In respect of the property of the minor, the tutor acts as an administrator entrusted with simple administration.

1991, c. 64, a. 208.

209. Fathers and mothers are not required in the administration of the property of their minor child to make an inventory of the property, to furnish a security as a guarantee of their administration, to render an annual account of management or to obtain any advice or authorization from the tutorship council or the court unless the property is worth more than $25,000 or it is ordered by the court on the application of an interested person.

1991, c. 64, a. 209.

210. All property given or bequeathed to a minor on condition that it be administered by a third person is withdrawn from the administration of the tutor.

If the act does not indicate the particular mode of administration of the property, the person administering it has the rights and obligations of a tutor to property.

1991, c. 64, a. 210.

211. A tutor may accept alone any gift in favour of his pupil. He may not accept any gift with a charge, however, without obtaining the authorization of the tutorship council.

1991, c. 64, a. 211.

212. A tutor may not transact or prosecute an appeal without the authorization of the tutorship council.

1991, c. 64, a. 212.

213. The tutor, before contracting a substantial loan in relation to the patrimony of the minor, offering property as security, alienating an important piece of family property, an immovable or an enterprise, or demanding the definitive partition of immovables held by the minor in undivided co-ownership, shall obtain the authorization of the tutorship council or, if the property or security is worth more than $25 000, of the court, which seeks the advice of the tutorship council.

The tutorship council or the court does not allow the loan to be contracted, or property to be alienated by onerous title or offered as security, except where that is necessary to ensure the education and maintenance of the minor, to pay his debts or to maintain the property in good working order or safeguard its value. The authorization then indicates the amount and terms and conditions of the loan, the property that may be alienated or offered as security, and sets forth the conditions under which it may be done.

1991, c. 64, a. 213.

214. No tutor may, before obtaining an expert’s appraisal, alienate property worth more than $25,000, except in the case of securities quoted and traded on a recognized stock exchange according to the provisions respecting presumed sound investments. A copy of the appraisal is attached to the annual management account.

Juridical acts which are related according to their nature, their object or the time they are performed constitute one and the same act.

1991, c. 64, a. 214.

215. A tutor acting alone may enter into an agreement to continue in indivision, but in that case the minor, once of full age, may terminate the agreement within one year, regardless of its term.

Any agreement authorized by the tutorship council and by the court is binding on the minor once of full age.

1991, c. 64, a. 215.

216. The clerk of the court gives notice without delay to the tutorship council and to the Public Curator of any judgment relating to the interests of the patrimony of a minor and of any transaction effected pursuant to an action to which the tutor is a party in that quality.

1991, c. 64, a. 216.

217. Where the property is worth more than $25,000, the liquidator of a succession which devolves or is bequeathed to a minor and the donor of property if the donee is a minor, and, in any case, any person who pays an indemnity for the benefit of a minor, shall declare that fact to the Public Curator and state the value of the property.

1991, c. 64, a. 217.

218. A tutor sets aside from the property under his administration all sums necessary to pay the expenses of the tutorship, in particular, to provide for the exercise of the civil rights of the minor and the administration of his patrimony. He also does so where, to ensure the minor’s maintenance and education, it is necessary to make up for the support owed by the father and mother.

1991, c. 64, a. 218.

219. The tutor to the person agrees with the tutor to property as to the amounts he requires each year to pay the expenses of the tutorship.

If the tutors do not agree on the amounts or their payment, the tutorship council or, failing that, the court decides.

1991, c. 64, a. 219.

220. The minor manages the proceeds of his work and any allowances paid to him to meet his ordinary and usual needs.

Where the revenues of the minor are considerable or where justified by the circumstances, the court, after obtaining the advice of the tutor and, where applicable, the tutorship council, may fix the amounts that remain under the management of the minor. It takes into account the age and power of discernment of the minor, the general conditions of his maintenance and education and his obligations of support and those of his parents.

1991, c. 64, a. 220.

221. A director of youth protection exercising a tutorship or the person he recommends to exercise it shall obtain the authorization of the court where the law requires the tutor to obtain the advice or authorization of the tutorship council before acting.

Where the property is worth more than $25,000, however, or, at all events, where the court so orders, tutorship to property is conferred on the Public Curator, who has from that time the rights and obligations of a dative tutor, subject to the provisions of law.

1991, c. 64, a. 221.

DIVISION V TUTORSHIP COUNCIL

§ 1 . — Role and establishment of the council

222. The role of the tutorship council is to supervise the tutorship. The tutorship council is composed of three persons designated by a meeting of relatives, persons connected by marriage or friends or, if the court so decides, of only one person.

1991, c. 64, a. 222.

223. A tutorship council is established both in the case of dative tutorship and in that of legal tutorship, although, in the latter case, only where the father and mother are required, in respect of the administration of the property of the minor, to make an inventory, to furnish security or to render an annual account of management.

No council is established where the tutorship is exercised by the director of youth protection, a person he has recommended as tutor, or the Public Curator.

1991, c. 64, a. 223.

224. Any interested person may initiate the establishment of a tutorship council by applying either to a notary or to the court of the place where the minor has his domicile or residence for the calling of a meeting of relatives, persons connected by marriage and friends.

The court examining an application for the appointment or replacement of a tutor or tutorship council may do likewise, even of its own motion.

1991, c. 64, a. 224.

225. The tutor appointed by the father or mother of a minor or the father and mother, as the case may be, shall initiate the establishment of the tutorship council.

The father and mother may, at their option, convene a meeting of relatives, persons connected by marriage or friends or make an application to the court for the establishment of a tutorship council composed of only one person designated by the court.

1991, c. 64, a. 225.

226. The father and mother of the minor and, if they have a known residence in Québec, his other ascendants and his brothers and sisters of full age shall be called to the meeting of relatives, persons connected by marriage or friends called to establish a tutorship council.

The other relatives, persons connected by marriage and friends of the minor may be called to the meeting provided they are of full age.

Not fewer than five persons shall attend the meeting and, as far as possible, the maternal and paternal lines shall be represented.

1991, c. 64, a. 226.

227. Persons who shall be called are always entitled to present themselves at the first meeting and give their opinion even if they were not called.

1991, c. 64, a. 227.

228. The meeting appoints the three members of the council and designates two alternates, giving consideration so far as possible to representation of the maternal and paternal lines.

It also appoints a secretary, who may or may not be a member of the council, responsible for taking and keeping the minutes of the deliberations; it fixes the remuneration of the secretary, where applicable.

The tutor may not be a member of the tutorship council.

1991, c. 64, a. 228.

229. Vacancies are filled by the council by selecting a designated alternate in the line where the vacancy occurred. If there is no alternate, the council selects a relative or a person connected by marriage in the same line or, if none, a relative or a person connected by marriage in the other line or a friend.

1991, c. 64, a. 229.

230. The tutorship council is bound to invite the tutor to each of its meetings to hear his opinion; the minor may be invited.

1991, c. 64, a. 230.

231. The court may, on application or of its own motion, rule that the tutorship council will be composed of only one person designated by it where, owing to the dispersal or indifference of the family members or their inability, for serious reasons, to attend, or to the personal or family situation of the minor, it would be inadvisable to establish a council composed of three persons.

The court may in such a case designate a person who shows a special interest in the minor or, failing that, the director of youth protection or the Public Curator, if he is not already the tutor.

The court may exempt the person making the application from first calling a meeting of relatives, persons connected by marriage or friends if it is shown that sufficient effort has been made to call the meeting, but that such effort has been in vain.

1991, c. 64, a. 231.

232. Excepting the director of youth protection and the Public Curator, no person may be compelled to accept membership in the council; a person who has agreed to become a member may be released at any time provided it is not done at an inopportune moment.

Membership of a tutorship council is a personal charge that entails no remuneration.

1991, c. 64, a. 232.

§ 2 . — Rights and obligations of the council

233. The tutorship council gives advice and makes decisions in every case provided for by law.

Moreover, where the rules of administration of the property of others provide that the beneficiary shall or may give his consent to an act, obtain advice or be consulted, the council acts on behalf of the minor who is the beneficiary.

1991, c. 64, a. 233.

234. The council, where composed of three persons, meets at least once a year; deliberations are not valid unless a majority of its members attend the meeting or unless all the members can express themselves by a means which allows all of them to communicate directly with each other.

The decisions and advice of the council are taken or given by majority vote; each member shall give reasons.

1991, c. 64, a. 234.

235. Whenever a minor has any interest to discuss judicially with his tutor, the council causes a tutor ad hoc to be appointed to him.

1991, c. 64, a. 235.

236. The council ascertains that the tutor makes an inventory of the property of the minor and that he furnishes and maintains a security.

The council receives the annual management account from the tutor and is entitled to examine all documents and vouchers attached to the account and obtain a copy of them.

1991, c. 64, a. 236.

237. Any interested person may, for a grave reason, apply to the court within 10 days to have a decision of the council reviewed or for authorization to initiate the establishment of a new council.

1991, c. 64, a. 237.

238. The tutor may demand the convening of the council or, if it cannot be convened, apply to the court for authorization to act alone.

1991, c. 64, a. 238.

239. The council is responsible for seeing that the records of the tutorship are preserved and for transmitting them to the minor or his heirs at the end of the tutorship.

1991, c. 64, a. 239.

DIVISION VI SUPERVISION OF TUTORSHIPS

§ 1 . — Inventory

240. Within 60 days of the institution of the tutorship, the tutor shall make an inventory of the property to be administered. He shall do the same in respect of property devolved to the minor after the tutorship is instituted.

A copy of the inventory is transmitted to the Public Curator and to the tutorship council.

1991, c. 64, a. 240.

241. A tutor who continues the administration of another tutor after the rendering of account is exempt from making an inventory.

1991, c. 64, a. 241.

§ 2 . — Security

242. The tutor is bound, if the value of the property to be administered exceeds $25,000, to take out liability insurance or furnish other security to guarantee the performance of his obligations. The kind and object of the security and the time granted to furnish it are determined by the tutorship council.

The tutorship is liable for the costs of the security.

1991, c. 64, a. 242.

243. The tutor shall without delay furnish proof of the security to the tutorship council and to the Public Curator.

The tutor shall maintain the security or another of sufficient value for the duration of his office and furnish proof of it every year.

1991, c. 64, a. 243.

244. A legal person exercising tutorship to property is exempt from furnishing security.

1991, c. 64, a. 244.

245. Where it is advisable to release the security, the tutorship council or the minor, once he attains full age, may do so and, at the cost of the tutorship, apply for cancellation of the registration, if any. Notice of the cancellation is given to the Public Curator.

1991, c. 64, a. 245.

§ 3 . — Reports and accounts

246. The tutor sends the annual account of his management to the minor 14 years of age or over, to the tutorship council and to the Public Curator.

The tutor to property renders an annual account to the tutor to the person.

1991, c. 64, a. 246.

247. At the end of his administration, the tutor shall give a final account to the minor who has come of age; he shall also give an account to the tutor who replaces him and to the minor 14 years of age or over or, where applicable, to the liquidator of the succession of the minor. He shall send a copy of his final account to the tutorship council and to the Public Curator.

1991, c. 64, a. 247.

248. Every agreement between the tutor and the minor who has come of age relating to the administration or the account is null unless it is preceded by a detailed rendering of account and the delivery of the related vouchers.

1991, c. 64, a. 248.

249. The Public Curator examines the annual accounts of management and the final account of the tutor. He also ascertains that the security is maintained.

He may require any document and any explanation concerning the accounts and, where provided for by law, require that they be audited.

1991, c. 64, a. 249.

DIVISION VII REPLACEMENT OF TUTOR AND END OF TUTORSHIP

250. A dative tutor may, for a serious reason, apply to the court to be relieved of his duties, provided his application is not made at an inopportune moment and notice of it has been given to the tutorship council.

1991, c. 64, a. 250.

251. The tutorship council or, in case of emergency, one of its members shall apply for the replacement of a tutor who is unable to perform his duties or neglects his obligations. A tutor to the person shall act in the same manner with regard to a tutor to property.

Any interested person, including the Public Curator, may also, for the reasons set forth in the first paragraph, apply for the replacement of the tutor.

1991, c. 64, a. 251.

252. Where tutorship is exercised by the director of youth protection, by a person he recommends as tutor or by the Public Curator, any interested person may apply for his replacement without having to justify it for any reason other than the interest of the minor.

1991, c. 64, a. 252.

253. During the proceedings, the tutor continues to exercise his duties unless the court decides otherwise and appoints a provisional administrator responsible for the simple administration of the property of the minor.

1991, c. 64, a. 253.

254. Every judgment terminating the duties of a tutor contains the reasons for replacing him and designates the new tutor.

1991, c. 64, a. 254.

255. Tutorship ends when the minor attains full age, obtains full emancipation or dies.

The office of a tutor ceases at the end of the tutorship, when the tutor is replaced or on his death.

1991, c. 64, a. 255.

CHAPTER III PROTECTIVE SUPERVISION OF PERSONS OF FULL AGE

DIVISION I GENERAL PROVISIONS

256. Protective supervision of a person of full age is established in his interest and is intended to ensure the protection of his person, the administration of his patrimony and, generally, the exercise of his civil rights.

Any incapacity resulting from protective supervision is established solely in favour of the person under protection.

1991, c. 64, a. 256.

257. Every decision relating to the institution of protective supervision or concerning a protected person of full age shall be in his interest, respect his rights and safeguard his autonomy.

The person of full age shall, so far as possible and without delay, be informed of the decision.

1991, c. 64, a. 257.

258. A tutor or curator is appointed to represent, or an adviser to assist, a person of full age who is incapable of caring for himself or of administering his property by reason, in particular, of illness, deficiency or debility due to age which impairs his mental faculties or his physical ability to express his will.

A tutor or an adviser may also be appointed to a prodigal who endangers the well-being of his spouse or minor children.

1991, c. 64, a. 258.

259. In selecting the form of protective supervision, consideration is given to the degree of the person’s incapacity to care for himself or administer his property.

1991, c. 64, a. 259.

260. The curator or the tutor to a protected person of full age is responsible for his custody and maintenance; he is also responsible for ensuring the moral and physical well-being of the protected person, taking into account his condition, needs and faculties and the other aspects of his situation.

He may delegate the exercise of the custody and maintenance of the protected person of full age but, so far as possible, he and the delegated person shall maintain a personal relationship with the protected person, obtain his advice where necessary, and keep him informed of the decisions made in his regard.

1991, c. 64, a. 260.

261. The Public Curator does not exercise curatorship or tutorship to a protected person of full age unless he is appointed by the court to do so; he may also act by virtue of his office if the person of full age is no longer provided with a curator or tutor.

1991, c. 64, a. 261.

262. The Public Curator has the simple administration of the property of a protected person of full age even when acting as curator.

1991, c. 64, a. 262.

263. The Public Curator does not have custody of the protected person of full age to whom he is appointed tutor or curator unless, where no other person can assume it, the court entrusts it to him. He is nevertheless, in all cases, responsible for protection of the person of full age.

The person to whom custody is entrusted, however, has the power of a tutor or curator to give consent to the care required by the state of health of the person of full age, except the care which the Public Curator elects to provide.

1991, c. 64, a. 263.

264. The Public Curator acting as tutor or curator to a protected person of full age may delegate the exercise of certain functions related to tutorship or curatorship to a person he designates after ascertaining, where the person of full age is being treated in a health or social services establishment, that the designated person is not an employee of the establishment and has no duties therewith. He may, however, where circumstances warrant, disregard this restriction if the employee of the establishment is the spouse or a close relative of the person of full age or if the function delegated is the management, according to the Public Curator’s instructions, of the monthly personal expense allowance granted to the person.

He may authorize the delegate to consent to the care required by the state of health of the person of full age, except care which the Public Curator elects to provide.

1991, c. 64, a. 264; 1999, c. 30, s. 21.

265. At least once a year, the delegate renders account of the exercise of the custody to the Public Curator. The Public Curator may revoke the delegation if there is a conflict of interest between the delegate and the protected person of full age or for any other serious reason.

1991, c. 64, a. 265.

266. The rules pertaining to tutorship to minors apply, adapted as required, to tutorship and curatorship to persons of full age.

Thus, the spouse and descendants in the first degree of the person of full age shall be called to the meeting of relatives, persons connected by marriage or friends along with the persons to be called to it pursuant to article 226.

1991, c. 64, a. 266; 1998, c. 51, s. 25.

267. Where the Public Curator requires the institution or review of protective supervision and shows that sufficient effort has been made to call the meeting of relatives, persons connected by marriage or friends but that such effort has been in vain, the court may proceed without the meeting being held.

1991, c. 64, a. 267.

DIVISION II INSTITUTION OF PROTECTIVE SUPERVISION

268. The institution of protective supervision is awarded by the court.

The court is not bound by the application and may decide on a form of protective supervision other than the form contemplated in the application.

1991, c. 64, a. 268.

269. The person of full age himself, his spouse, his close relatives and the persons connected to him by marriage, any person showing a special interest in the person or any other interested person, including the mandatary designated by the person of full age or the Public Curator, may apply for the institution of protective supervision.

1991, c. 64, a. 269.

270. Where a person of full age receiving care or services from a health or social services establishment requires to be assisted or represented in the exercise of his civil rights by reason of his isolation, the foreseeable duration of his incapacity, the nature or state of his affairs or because no mandatary already designated by him gives him adequate assistance or representation, the executive director of the health or social services institution reports that fact to the Public Curator, transmits a copy of his report to the person of full age and informs a close relative of that person.

Such a report contains, in particular, the medical and psychosocial assessment prepared by the person who examined the person of full age; it deals with the nature and degree of the incapacity of the person of full age, the extent of his needs and the other circumstances of his situation and with the advisability of instituting protective supervision for him. It also sets out the names, if known, of the persons qualified to apply for the institution of protective supervision.

1991, c. 64, a. 270.

271. The institution of protective supervision of a person of full age may be applied for in the year preceding his attaining full age.

The judgment takes effect on the day the person attains full age.

1991, c. 64, a. 271.

272. During proceedings, the court may, even of its own motion, decide on the custody of the person of full age if it is clear that he is unable to care for himself and that custody is required to save him from serious harm.

Even before the proceedings, the Court may, if protective supervision is about to be instituted and it is necessary to act in order to save the person of full age from serious harm, designate the Public Curator or another person provisionally to ensure protection of the person of full age or to represent him in the exercise of his civil rights.

1991, c. 64, a. 272; 1999, c. 30, s. 22.

273. An act under which the person of full age has entrusted another person with the administration of his property continues to produce its effects notwithstanding the proceedings unless it is revoked by the court for a serious reason.

If no mandate has been given by the person of full age or by the court under article 444, the rules provided in respect of the management of the business of another are observed and the Public Curator and any other person who is qualified to apply for the institution of protective supervision may, in an emergency or even before proceedings if an application for the institution of protective supervision is about to be made, perform the acts required to preserve the patrimony.

1991, c. 64, a. 273.

274. In cases where there is no mandate or management of the business of another or even before proceedings if an application for the institution of protective supervision is about to be made, the court may, if it is necessary to act in order to prevent serious harm, provisionally designate the Public Curator or another person either to perform a specific act or to administer the property of the person of full age within the limits of simple administration of the property of others.

1991, c. 64, a. 274.

275. During proceedings and thereafter, if the form of protective supervision is a tutorship, the dwelling of the protected person of full age and the furniture in it are kept at his disposal. The power to administer that property extends only to agreements granting precarious enjoyment, which cease to have effect by operation of law upon the return of the protected person of full age.

Should it be necessary or in the best interest of the protected person of full age that his furniture or his rights in respect of a dwelling be disposed of, the act may be done only with the authorization of the tutorship council. Even in such a case, except for a compelling reason, souvenirs and other personal effects may not be disposed of and shall, so far as possible, be kept at the disposal of the person of full age by the health or social services establishment.

1991, c. 64, a. 275.

276. Where the court examines an application to institute protective supervision, it takes into consideration, in addition to the advice of the persons who may be called to form the tutorship council, the medical and psychosocial evidence, the wishes expressed by the person of full age in a mandate given in anticipation of his incapacity but which has not been homologated, and the degree of autonomy of the person in whose respect the institution of protective supervision is applied for.

The court shall give to the person of full age an opportunity to be heard, personally or through a representative where required by his state of health, on the merits of the application and, where applicable, on the form of protective supervision and as to the person who will represent or assist him.

1991, c. 64, a. 276.

277. A judgment concerning protective supervision may be reviewed at any time.

1991, c. 64, a. 277.

278. Unless the court fixes an earlier date, the protective supervision is reviewed every three years in the case of a tutorship or where an adviser has been appointed or every five years in the case of a curatorship.

The curator, tutor or adviser to the person of full age is bound to see to it that the person of full age is submitted to a medical and psychosocial assessment in due time. Where the person making the assessment becomes aware that the situation of the person of full age has so changed as to justify the termination or modification of protective supervision, he makes a report to the person of full age and to the person having applied for the assessment and files a copy of the report in the office of the court.

1991, c. 64, a. 278.

279. The executive director of the health or social services institution providing care or services to the person of full age shall, if the incapacity that justified protective supervision ceases, attest that fact in a report which he files in the office of the court. Such a report includes the medical and psychosocial assessment.

1991, c. 64, a. 279.

280. When a report on the review of protective supervision has been filed, the clerk notifies the persons qualified to intervene in the application for protective supervision. If no objection is made within 30 days after the report is filed, protective supervision is terminated without other formality. An attestation of the termination is drawn up by the clerk and transmitted without delay to the person of full age himself and to the Public Curator.

1991, c. 64, a. 280.

DIVISION III CURATORSHIP TO PERSONS OF FULL AGE

281. The court institutes curatorship to a person of full age if it is established that the incapacity of that person to care for himself or to administer his property is total and permanent and that he requires to be represented in the exercise of his civil rights.

The court then appoints a curator.

1991, c. 64, a. 281.

282. The curator has the full administration of the property of the protected person of full age, except that he is bound, as the administrator entrusted with simple administration of the property of others, to make only investments that are presumed sound. The only rules which apply to his administration are the rules of administration of the property of others.

1991, c. 64, a. 282.

283. An act performed alone by a person of full age under curatorship may be declared null or the obligations resulting from it reduced, without any requirement to prove damage.

1991, c. 64, a. 283.

284. Acts performed before the curatorship may be annulled or the obligations resulting from them reduced on the mere proof that the incapacity was notorious or known to the other party at the time the acts were performed.

1991, c. 64, a. 284.

DIVISION IV TUTORSHIP TO PERSONS OF FULL AGE

285. The court institutes tutorship to a person of full age if it is established that the incapacity of that person to care for himself or to administer his property is partial or temporary and that he requires to be represented in the exercise of his civil rights.

The court then appoints a tutor to the person and to property, or a tutor either to the person or to property.

1991, c. 64, a. 285.

286. The tutor has the simple administration of the property of the person of full age incapable of administering his property. He exercises his administration in the same manner as the tutor to a minor, unless the court decides otherwise.

1991, c. 64, a. 286.

287. The rules pertaining to the exercise of the civil rights of a minor apply, adapted as required, to a person of full age under tutorship.

1991, c. 64, a. 287.

288. The court may, on the institution of the tutorship or subsequently, determine the degree of capacity of the person of full age under tutorship, taking into consideration the medical and psychosocial assessment and, as the case may be, the advice of the tutorship council or of the persons who may be called upon to form the tutorship council.

The court then indicates the acts which the person under tutorship may perform alone or with the assistance of the tutor, or which he may not perform unless he is represented.

1991, c. 64, a. 288.

289. The person of full age under tutorship retains the administration of the proceeds of his work, unless the court decides otherwise.

1991, c. 64, a. 289.

290. Acts performed before the tutorship may be annulled or the obligations resulting from them reduced on the mere proof that the incapacity was notorious or known to the other party at the time the acts were performed.

1991, c. 64, a. 290.

DIVISION V ADVISERS TO PERSONS OF FULL AGE

291. The court appoints an adviser to a person of full age who, although generally and habitually capable of caring for himself and of administering his property, requires, for certain acts or for a certain time, to be assisted or advised in the administration of his property.

1991, c. 64, a. 291.

292. The adviser does not have the administration of the property of the protected person of full age. He shall, however, intervene in the acts for which he is bound to give him assistance.

1991, c. 64, a. 292.

293. The court, on the institution of the advisership or subsequently, indicates the acts for which the adviser’s assistance is required, and those for which it is not required.

If the court gives no indication, the protected person of full age shall be assisted by his adviser for every act beyond the capacity of a minor who has been granted simple emancipation.

1991, c. 64, a. 293.

294. Acts performed alone by a person of full age for which the intervention of his adviser was required may be annulled or the obligations resulting from them reduced only if the person of full age suffers prejudice therefrom.

1991, c. 64, a. 294.

DIVISION VI END OF PROTECTIVE SUPERVISION

295. Protective supervision ceases by a judgment of release or by the death of the protected person of full age.

Protective supervision also ceases upon the expiry of the prescribed period for contesting the report attesting the cessation of the incapacity.

1991, c. 64, a. 295.

296. A protected person of full age may at any time after the release of protective supervision and, where applicable, after the rendering of account by the tutor or curator, confirm any act otherwise null.

1991, c. 64, a. 296.

297. A vacancy in the office of curator, tutor or adviser does not terminate protective supervision.

The tutorship council shall, on the occurrence of a vacancy, initiate the appointment of a new curator or tutor; any interested person may also initiate such an appointment, as well as that of a new adviser.

1991, c. 64, a. 297.

TITLE FIVE LEGAL PERSONS

CHAPTER I JURIDICAL PERSONALITY

DIVISION I CONSTITUTION AND KINDS OF LEGAL PERSONS

298. Legal persons are endowed with juridical personality.

Legal persons are established in the public interest or for a private interest.

1991, c. 64, a. 298.

299. Legal persons are constituted in accordance with the juridical forms provided by law, and sometimes directly by law.

Legal persons exist from the coming into force of the Act or from the time prescribed therein if they are established in the public interest or if they are constituted directly by law or through the effect of law; otherwise, they exist from the time provided for in the Acts that are applicable to them.

1991, c. 64, a. 299.

300. Legal persons established in the public interest are primarily governed by the special Acts by which they are constituted and by those which are applicable to them; legal persons established for a private interest are primarily governed by the Acts applicable to their particular type.

Both kinds of legal persons are also governed by this Code where the provisions of such Acts require to be complemented, particularly with regard to their status as legal persons, their property or their relations with other persons.

1991, c. 64, a. 300.

DIVISION II EFFECTS OF JURIDICAL PERSONALITY

301. Legal persons have full enjoyment of civil rights.

1991, c. 64, a. 301.

302. Every legal person has a patrimony which may, to the extent provided by law, be divided or appropriated to a purpose. It also has the extra-patrimonial rights and obligations flowing from its nature.

1991, c. 64, a. 302.

303. Legal persons have capacity to exercise all their rights, and the provisions of this Code respecting the exercise of civil rights by natural persons are applicable to them, adapted as required.

They have no incapacities other than those which may result from their nature or from an express provision of law.

1991, c. 64, a. 303.

304. Legal persons may not exercise tutorship or curatorship to the person.

They may, however, to the extent that they are authorized by law to act as such, hold office as tutor or curator to property, liquidator of a succession, sequestrator, trustee or administrator of another legal person.

1991, c. 64, a. 304.

305. Every legal person has a name which is assigned to it when it is constituted, and under which it exercises its rights and performs its obligations.

It shall be assigned a name which conforms to law and which includes, where required by law, an expression that clearly indicates the juridical form assumed by the legal person.

1991, c. 64, a. 305.

306. A legal person may engage in an activity or identify itself under a name other than its own name. It shall file a notice to that effect with the Inspector General of Financial Institutions or, if the legal person is a syndicate of co-owners, in the registry office for the division where the immovable under co-ownership is situated.

1991, c. 64, a. 306.

307. The domicile of a legal person is at the place and address of its head office.

1991, c. 64, a. 307.

308. A legal person may change its name or its domicile by following the procedure established by law.

1991, c. 64, a. 308.

309. Legal persons are distinct from their members. Their acts bind none but themselves, except as provided by law.

1991, c. 64, a. 309.

310. The functioning, the administration of the patrimony and the activities of a legal person are regulated by law, the constituting act and the by-laws; to the extent permitted by law, they may also be regulated by a unanimous agreement of the members.

In case of inconsistency between the constituting act and the by-laws, the constituting act prevails.

1991, c. 64, a. 310.

311. Legal persons act through their organs, such as the board of directors and the general meeting of the members.

1991, c. 64, a. 311.

312. A legal person is represented by its senior officers, who bind it to the extent of the powers vested in them by law, the constituting act or the by-laws.

1991, c. 64, a. 312.

313. The by-laws of a legal person set out the contractual relations existing between the legal person and its members.

1991, c. 64, a. 313.

314. A legal person exists in perpetuity unless otherwise provided by law or its constituting act.

1991, c. 64, a. 314.

315. The members of a legal person are liable toward the legal person for anything they have promised to contribute to it, unless otherwise provided by law.

1991, c. 64, a. 315.

316. In case of fraud with regard to the legal person, the court may, on the application of an interested person, hold the founders, directors, other senior officers or members of the legal person who have participated in the alleged act or derived personal profit therefrom liable, to the extent it indicates, for any damage suffered by the legal person.

1991, c. 64, a. 316.

317. In no case may a legal person set up juridical personality against a person in good faith if it is set up to dissemble fraud, abuse of right or contravention of a rule of public order.

1991, c. 64, a. 317.

318. The court, in deciding an action by a third person in good faith, may rule that a person or group not having status as a legal person has the same obligations as a legal person if the person or group acted as such in respect of the third person.

1991, c. 64, a. 318.

319. A legal person may ratify an act performed for it before it was constituted; it is then substituted for the person who acted for it.

The ratification does not effect novation; the person who acted has thenceforth the same rights and is subject to the same obligations as a mandatary in respect of the legal person.

1991, c. 64, a. 319.

320. A person who acts for a legal person before it is constituted is bound by the obligations so contracted, unless the contract stipulates otherwise and includes a statement to the effect that the legal person might not be constituted or might not assume the obligations subscribed in the contract.

1991, c. 64, a. 320.

DIVISION III OBLIGATIONS AND DISQUALIFICATION OF DIRECTORS

321. A director is considered to be the mandatary of the legal person. He shall, in the performance of his duties, conform to the obligations imposed on him by law, the constituting act or the by-laws and he shall act within the limits of the powers conferred on him.

1991, c. 64, a. 321.

322. A director shall act with prudence and diligence.

He shall also act with honesty and loyalty in the best interest of the legal person.

1991, c. 64, a. 322.

323. No director may mingle the property of the legal person with his own property nor may he use for his own profit or that of a third person any property of the legal person or any information he obtains by reason of his duties, unless he is authorized to do so by the members of the legal person.

1991, c. 64, a. 323.

324. A director shall avoid placing himself in any situation where his personal interest would be in conflict with his obligations as a director.

A director shall declare to the legal person any interest he has in an enterprise or association that may place him in a situation of conflict of interest and of any right he may set up against it, indicating their nature and value, where applicable. The declaration of interest is recorded in the minutes of the proceedings of the board of directors or the equivalent.

1991, c. 64, a. 324.

325. A director may, even in carrying on his duties, acquire, directly or indirectly, rights in the property under his administration or enter into contracts with the legal person.

The director shall immediately inform the legal person of any acquisition or contract described in the first paragraph, indicating the nature and value of the rights he is acquiring, and request that the fact be recorded in the minutes of proceedings of the board of directors or the equivalent. He shall abstain, except if required, from the discussion and voting on the question. This rule does not, however, apply to matters concerning the remuneration or conditions of employment of the director.

1991, c. 64, a. 325.

326. Where the director of a legal person fails to give information correctly and immediately of an acquisition or a contract, the court, on the application of the legal person or a member, may, among other measures, annul the act or order the director to render account and to remit the profit or benefit realized to the legal person.

The action may be brought only within one year after knowledge is gained of the acquisition or contract.

1991, c. 64, a. 326.

327. Minors, persons of full age under tutorship or curatorship, bankrupts and persons prohibited by the court from holding such office are disqualified for office as directors.

However, minors and persons of full age under tutorship may be directors of associations constituted as legal persons that do not aim to make pecuniary profits and whose objects concern them.

1991, c. 64, a. 327.

328. The acts of a director or senior officer may not be annulled on the sole ground that he was disqualified or that his designation was irregular.

1991, c. 64, a. 328.

329. The court, on the application of an interested person, may prohibit a person from holding office as a director of a legal person if the person has been found guilty of an indictable offence involving fraud or dishonesty in a matter related to legal persons, or who has repeatedly violated the Acts relating to legal persons or failed to fulfil his obligations as a director.

1991, c. 64, a. 329.

330. No prohibition may extend beyond five years from the latest act charged.

The court may lift the prohibition under the conditions it sees fit, on the application of the person concerned by the prohibition.

1991, c. 64, a. 330.

DIVISION IV JUDICIAL ATTRIBUTION OF PERSONALITY

331. Juridical personality may be conferred retroactively by the court on a legal person which, before being constituted, had publicly, continuously and unequivocally all the appearances of a legal person and acted as such in respect of both its members and third persons.

Prior consent to the application shall be obtained from the authority that should originally have had control over the constitution of the person.

1991, c. 64, a. 331.

332. Any interested person may intervene in the proceedings or demand the revocation of a judgment which, in fraud of his rights, has attributed juridical personality.

1991, c. 64, a. 332.

333. The judgment confers juridical personality from the date it indicates. It nowise alters the rights and obligations existing on that date.

A copy of the judgment is transmitted without delay by the clerk of the court to the authority which accepted or issued the constituting act of the legal person. Notice of the judgment shall be published by the authority in the Gazette officielle du Québec.

1991, c. 64, a. 333.

CHAPTER II PROVISIONS APPLICABLE TO CERTAIN LEGAL PERSONS

334. Legal persons assuming a juridical form governed by another title of this Code are subject to the rules of this chapter; the same applies to any other legal person if the Act by which it is constituted or which applies to it so provides or indicates no other rules of functioning, dissolution or liquidation.

They may, however, make derogations in their by-laws from the rules concerning their functioning, provided the rights of the members are safeguarded.

1991, c. 64, a. 334.

DIVISION I FUNCTIONAL STRUCTURE OF LEGAL PERSONS

§ 1 . — Administration

335. The board of directors manages the affairs of the legal person and exercises all the powers necessary for that purpose; it may create management positions and other organs, and delegate the exercise of certain powers to the holders of those positions and to those organs.

The board of directors adopts and implements management by-laws, subject to approval by the members at the next general meeting.

1991, c. 64, a. 335.

336. The decisions of the board of directors are taken by the vote of a majority of the directors.

1991, c. 64, a. 336.

337. Every director is, with the other directors, liable for the decisions taken by the board of directors unless he requested that his dissent be recorded in the minutes of proceedings or the equivalent.

However, a director who was absent from a meeting of the board is presumed not to have approved the decisions taken at that meeting.

1991, c. 64, a. 337.

338. The directors of a legal person are designated by the members.

No person may be designated as a director without his express consent.

1991, c. 64, a. 338.

339. The term of office of directors is one year; at the expiry of that period, their term continues unless it is revoked.

1991, c. 64, a. 339.

340. The directors fill the vacancies on the board. Vacancies on the board do not prevent the directors from acting; if their number has become less than a quorum, the remaining directors may validly convene the members.

1991, c. 64, a. 340.

341. Where the board is prevented from acting according to majority rule or in the specified proportion owing to the incapacity or systematic opposition of some directors, the others may act alone for conservatory acts; they may also, with the authorization of the court, act alone for acts requiring immediate action.

Where the situation persists and the administration is seriously impaired as a result, the court, on the application of an interested person, may exempt the directors from acting in the specified proportion, divide their duties, grant a casting vote to one of them or make any order it sees fit in the circumstances.

1991, c. 64, a. 341.

342. The board of directors keeps the list of members and the books and registers necessary for the proper functioning of the legal person.

The documents referred to in the first paragraph are the property of the legal person and the members have access to them.

1991, c. 64, a. 342.

343. The board of directors may designate a person to keep the books and registers of the legal person.

The designated person may issue copies of the documents deposited with him; until proof to the contrary, the copies are proof of their contents without any requirement to prove the signature affixed to them or the authority of the author.

1991, c. 64, a. 343.

344. If all the directors are in agreement, they may participate in a meeting of the board of directors by the use of a means which allows all those participating to communicate directly with each other.

1991, c. 64, a. 344.

§ 2 . — General meeting

345. The general meeting is convened each year by the board of directors, or following its directives, within six months after the close of the financial period.

The first general meeting is held within six months from the constitution of the legal person.

1991, c. 64, a. 345.

346. The notice convening the annual general meeting indicates the date, time and place of the meeting and the agenda; it is sent to each member qualified to attend, not less than 10 but not more than 45 days before the meeting.

Ordinary business need not be mentioned in the agenda of the annual meeting.

1991, c. 64, a. 346.

347. The notice convening the annual general meeting is accompanied with the balance sheet, the statement of income for the preceding financial period and a statement of debts and claims.

1991, c. 64, a. 347.

348. No business may be discussed at a general meeting except that appearing on the agenda, unless all the members entitled to be convened are present and consent. However, at an annual meeting, each member may raise any question of interest to the legal person or its members.

1991, c. 64, a. 348.

349. The proceedings of the general meeting are invalid unless a majority of the members qualified to vote are present or represented.

1991, c. 64, a. 349.

350. A member may be represented at a general meeting if he has given a written mandate to that effect.

1991, c. 64, a. 350.

351. Decisions of the meeting are taken by a majority of the votes given.

The vote of the members is taken by a show of hands or, upon request, by secret ballot.

1991, c. 64, a. 351.

352. If they represent 10 % of the votes, members may requisition the directors or the secretary to convene an annual or special general meeting, stating in a written requisition the business to be transacted at the meeting.

If the directors or the secretary fail to act within 21 days after receiving the requisition, any of the members who signed it may convene the meeting.

The legal person is bound to reimburse to the members the expenses reasonably incurred by them to hold the meeting, unless the meeting decides otherwise.

1991, c. 64, a. 352.

§ 3 . — Provisions common to meetings of directors and general meetings

353. The directors or the members may waive the notice convening a meeting of the board of directors, a general meeting or a meeting of any other organ.

The mere presence of the directors or the members is equivalent to a waiver of the convening notice unless they are attending to object that the meeting was not regularly convened.

1991, c. 64, a. 353.

354. Resolutions in writing signed by all the persons qualified to vote at a meeting are as valid as if passed at a meeting of the board of directors, at a general meeting or at a meeting of any other organ.

A copy of the resolutions is kept with the minutes of proceedings or the equivalent.

1991, c. 64, a. 354.

DIVISION II DISSOLUTION AND LIQUIDATION OF LEGAL PERSONS

355. A legal person is dissolved by the annulment of its constituting act or for any other cause provided for by the constituting act or by law.

It is also dissolved where the court confirms the fulfilment of the condition attached to the constituting act, the accomplishment of the object for which the legal person was constituted, or the impossibility of accomplishing that object, or the existence of some other legitimate cause.

1991, c. 64, a. 355.

356. A legal person may also be dissolved by consent of not less than two-thirds of the votes given at a general meeting convened expressly for that purpose.

The notice convening the meeting shall be sent not less than 30 days but not more than 45 days before the meeting and not at an inopportune moment.

1991, c. 64, a. 356.

357. The juridical personality of the legal person continues to exist for the purposes of the liquidation.

1991, c. 64, a. 357.

358. The directors shall file a notice of the dissolution with the Inspector General of Financial Institutions or, if the legal person is a syndicate of co-owners, in the registry office for the division where the immovable under co-ownership is situated, and appoint a liquidator, according to the by-laws, who shall proceed immediately with the liquidation.

If the directors fail to fulfil these obligations, they may be held liable for the acts of the legal person, and any interested person may apply to the court for the appointment of a liquidator.

1991, c. 64, a. 358.

359. Notice of the appointment of a liquidator, as also of any revocation, is filed in the same place as the notice of dissolution. The appointment and revocation may be set up against third persons from the filing of the notice.

1991, c. 64, a. 359.

360. The liquidator is seised of the property of the legal person and acts as an administrator of the property of others entrusted with full administration.

The liquidator is entitled to require from the directors and the members of the legal person any document and any explanation concerning the rights and obligations of the legal person.

1991, c. 64, a. 360.

361. The liquidator first repays the debts, then effects the reimbursement of the capital contributions.

The liquidator, subject to the provisions of the following paragraph, then partitions the assets among the members in proportion to their rights or, otherwise, in equal portions, following if need be the rules relating to the partition of property in undivided co-ownership. Any residue devolves to the State.

If the assets include property coming from contributions of third persons, the liquidator shall remit such property to another legal person or a trust sharing objectives similar to those of the legal person being liquidated; if that is not possible, it devolves to the State or, if of little value, is shared equally among the members.

1991, c. 64, a. 361.

362. The liquidator keeps the books and records of the legal person for five years from the closing of the liquidation; he keeps them for a longer period if the books and records are required as evidence in proceedings.

He disposes of them thereafter as he sees fit.

1991, c. 64, a. 362.

363. Unless the liquidator obtains an extension from the court, the Public Curator undertakes or continues a liquidation that is not terminated within five years from the filing of the notice of dissolution.

The Public Curator has, in that case, the same rights and obligations as a liquidator.

1991, c. 64, a. 363.

364. The liquidation of a legal person is closed by the filing of a notice of closure in the same place as the notice of dissolution. The filing of the notice, where such is the case, cancels any other registrations concerning the legal person.

1991, c. 64, a. 364.

BOOK TWO THE FAMILY

TITLE ONE MARRIAGE

CHAPTER I MARRIAGE AND SOLEMNIZATION OF MARRIAGE

365. Marriage shall be contracted openly, in the presence of two witnesses, before a competent officiant.

Marriage may be contracted only between a man and a woman expressing openly their free and enlightened consent.

1991, c. 64, a. 365.

366. Every clerk or deputy clerk of the Superior Court designated by the Minister of Justice is competent to solemnize marriage.

In addition, every minister of religion authorized to solemnize marriage by the religious society to which he belongs is competent to do so, provided that he is resident in Québec, that he carries on the whole or part of his ministry in Québec, that the existence, rites and ceremonies of his confession are of a permanent nature and that he is authorized by the minister responsible for civil status.

Any minister of religion not resident but living temporarily in Québec may also be authorized to solemnize marriage in Québec for such time as the minister responsible for civil status determines.

1991, c. 64, a. 366; 1996, c. 21, s. 28.

367. No minister of religion may be compelled to solemnize a marriage to which there is any impediment according to his religion and to the discipline of the religious society to which he belongs.

1991, c. 64, a. 367.

368. Before the solemnization of a marriage, publication shall be effected by means of a notice posted up, for 20 days before the date fixed for the marriage, at the place where the marriage is to be solemnized.

At the time of the publication or of the application for a dispensation, the spouses shall be informed of the advisability of a premarital medical examination.

1991, c. 64, a. 368.

369. The publication sets forth the name and domicile of each of the intended spouses, and the date and place of birth of each. The correctness of these particulars is confirmed by a witness of full age.

1991, c. 64, a. 369.

370. The officiant may, for a serious reason, grant a dispensation from publication.

1991, c. 64, a. 370.

371. If a marriage is not solemnized within three months from the twentieth day after publication, the publication shall be renewed.

1991, c. 64, a. 371.

372. Any interested person may oppose the solemnization of a marriage between persons incapable of contracting it.

A minor may oppose a marriage alone. He may also act alone as defendant.

1991, c. 64, a. 372.

373. Before proceeding with a marriage, the officiant ascertains the identity, age and marital status of the intended spouses.

The officiant may not solemnize the marriage unless:

(1)  the intended spouses are at least 16 years of age and, in the case of minors, the officiant has ascertained that the person having parental authority or, as the case may be, the tutor consents to the solemnization of the marriage;

(2)  all the formalities have been completed and the dispensations, if any, have been granted;

(3)  the intended spouses are free from any previous marriage bond;

(4)  neither spouse is, in relation to the other, an ascendant, a descendant, a brother or a sister.

1991, c. 64, a. 373.

374. In the presence of the witnesses, the officiant reads articles 392 to 396 to the intended spouses.

He requests and receives, from each of the intended spouses personally, a declaration of their wish to take each other as husband and wife. He then declares them united in marriage.

1991, c. 64, a. 374.

375. The officiant draws up the declaration of marriage and sends it, within 30 days of the solemnization, to the registrar of civil status.

1991, c. 64, a. 375.

376. The clerk or his deputy solemnizes the marriage according to the rules prescribed by the Minister of Justice and, on behalf of the Minister of Finance, collects the duties fixed by regulation of the Government from the intended spouses.

1991, c. 64, a. 376.

377. The registrar of civil status is informed of every grant or revocation of authorization by the minister responsible for civil status to solemnize marriage so that he may make the proper entries in a register.

Where a minister of religion authorized by the minister responsible for civil status to solemnize marriage is unable to act or dies, the religious society to which he belonged informs the registrar of civil status so that he may strike off the authorization.

1991, c. 64, a. 377; 1996, c. 21, s. 29.

CHAPTER II PROOF OF MARRIAGE

378. Marriage is proved by an act of marriage, except in cases where the law authorizes another mode of proof.

1991, c. 64, a. 378.

379. Possession of the status of spouses compensates for a defect of form in the act of marriage.

1991, c. 64, a. 379.

CHAPTER III NULLITY OF MARRIAGE

380. A marriage which is not solemnized according to the prescriptions of this Title and the necessary conditions for its formal validity may be declared null upon the application of any interested person, although the court may decide according to the circumstances.

No action lies after the lapse of three years from the solemnization, except where public order is concerned.

1991, c. 64, a. 380.

381. The nullity of a marriage, for whatever reason, does not deprive the children of the advantages secured to them by law or by the marriage contract.

The rights and duties of fathers and mothers towards their children are unaffected by the nullity of their marriage.

1991, c. 64, a. 381.

382. A marriage, although declared null, produces its effects with regard to the spouses if they were in good faith.

In particular, the liquidation of the patrimonial rights that are then presumed to have existed is proceeded with, unless the spouses each agree on taking back their property.

1991, c. 64, a. 382.

383. If the spouses were in bad faith, they each take back their property.

1991, c. 64, a. 383.

384. If only one spouse was in good faith, that spouse may either take back his or her property or apply for the liquidation of the patrimonial rights resulting to him or her from the marriage.

1991, c. 64, a. 384.

385. Subject to article 386, spouses in good faith are entitled to the gifts made to them in consideration of marriage.

However, the court may, when declaring a marriage null, declare the gifts to have lapsed or reduce them, or order the payment of the gifts inter vivos deferred for the period of time it fixes, taking the circumstances of the parties into account.

1991, c. 64, a. 385.

386. The nullity of the marriage renders null the gifts inter vivos made in consideration of the marriage to a spouse in bad faith.

It also renders null the gifts mortis causa made by one spouse to the other in consideration of the marriage.

1991, c. 64, a. 386.

387. A spouse is presumed to have contracted marriage in good faith unless, when declaring the marriage null, the court declares that spouse to be in bad faith.

1991, c. 64, a. 387.

388. The court decides, as in proceedings for separation from bed and board, as to the provisional measures pending suit, the custody, maintenance and education of the children and, in declaring nullity, it decides as to the right of a spouse in good faith to support or to a compensatory allowance.

1991, c. 64, a. 388.

389. Nullity of marriage extinguishes the right which the spouses had to claim support unless, on a demand, the court, in declaring nullity, orders one of them to pay support to the other or, being unable, owing to the circumstances, to decide the question equitably, reserves the right to claim support.

The right to claim support may not be reserved for a period of over two years; it is extinguished by operation of law at the expiry of that period.

1991, c. 64, a. 389.

390. Where the court has awarded support or reserved the right to claim support, it may at any time after the marriage is annulled declare the right to support extinguished.

1991, c. 64, a. 390.

CHAPTER IV EFFECTS OF MARRIAGE

391. In no case may spouses derogate from the provisions of this chapter, whatever their matrimonial regime.

1991, c. 64, a. 391.

DIVISION I RIGHTS AND DUTIES OF SPOUSES

392. The spouses have the same rights and obligations in marriage.

They owe each other respect, fidelity, succour and assistance.

They are bound to live together.

1991, c. 64, a. 392.

393. In marriage, both spouses retain their respective names, and exercise their respective civil rights under those names.

1991, c. 64, a. 393.

394. The spouses together take in hand the moral and material direction of the family, exercise parental authority and assume the tasks resulting therefrom.

1991, c. 64, a. 394.

395. The spouses choose the family residence together.

In the absence of an express choice, the family residence is presumed to be the residence where the members of the family live while carrying on their principal activities.

1991, c. 64, a. 395.

396. The spouses contribute towards the expenses of the marriage in proportion to their respective means.

The spouses may make their respective contributions by their activities within the home.

1991, c. 64, a. 396.

397. A spouse who enters into a contract for the current needs of the family also binds the other spouse for the whole, if they are not separated from bed and board.

However, the non-contracting spouse is not liable for the debt if he or she had previously informed the other contracting party of his or her unwillingness to be bound.

1991, c. 64, a. 397.

398. Either spouse may give the other a mandate in order to be represented in acts relating to the moral and material direction of the family.

This mandate is presumed if one spouse is unable to express his or her will for any reason or if he or she is unable to do so in due time.

1991, c. 64, a. 398.

399. Either spouse may be authorized by the court to enter alone into any act for which the consent of the other would be required, provided such consent is unobtainable for any reason, or its refusal is not justified by the interest of the family.

The authorization is special and for a specified time; it may be amended or revoked.

1991, c. 64, a. 399.

400. If the spouses disagree as to the exercise of their rights and the performance of their duties, they or either of them may apply to the court, which will decide in the interest of the family after fostering the conciliation of the parties.

1991, c. 64, a. 400.

DIVISION II FAMILY RESIDENCE

401. Neither spouse may, without the consent of the other, alienate, hypothecate or remove from the family residence the movable property serving for the use of the household.

The movable property serving for the use of the household includes only the movable property destined to furnish the family residence or decorate it; decorations include pictures and other works of art, but not collections.

1991, c. 64, a. 401.

402. A spouse having neither consented to nor ratified an act concerning any movable property serving for the use of the household may apply to have it annulled.

However, an act by onerous title may not be annulled if the other contracting party was in good faith.

1991, c. 64, a. 402.

403. Neither spouse, if the lessee of the family residence, may, without the written consent of the other, sublet it, transfer the right or terminate the lease where the lessor has been notified, by either of them, that the dwelling is used as the family residence.

A spouse having neither consented to nor ratified the act may apply to have it annulled.

1991, c. 64, a. 403.

404. Neither spouse, if the owner of an immovable with fewer than five dwellings that is used in whole or in part as the family residence, may, without the written consent of the other, alienate the immovable, charge it with a real right or lease that part of it reserved for the use of the family.

A spouse having neither consented to nor ratified the act may apply to have it annulled if a declaration of family residence was previously entered against the immovable.

1991, c. 64, a. 404.

405. Neither spouse, if the owner of an immovable with five dwellings or more that is used in whole or in part as the family residence may, without the written consent of the other, alienate the immovable or lease that part of it reserved for the use of the family.

Where a declaration of family residence was previously registered against the immovable, a spouse not having consented to the deed of alienation may require to be granted a lease by the acquirer of the premises already occupied as a dwelling under the conditions governing the lease of a dwelling; on the same condition, a spouse having neither consented to nor ratified the act of lease may apply to have it annulled.

1991, c. 64, a. 405.

406. The usufructuary, the emphyteutic lessee and the user are subject to the rules of articles 404 and 405.

Neither spouse may, without the consent of the other, dispose of rights held by another title conferring use of the family residence.

1991, c. 64, a. 406.

407. The declaration of family residence is made by both spouses or by either of them.

It may also result from a declaration to that effect contained in an act intended for publication.

1991, c. 64, a. 407.

408. A spouse not having given consent to an act for which it was required may, without prejudice to any other right, claim damages from the other spouse or from any other person having, through his fault, caused damage.

1991, c. 64, a. 408.

409. In the event of separation from bed and board, divorce or nullity of a marriage, the court may, upon the application of either spouse, award to the spouse of the lessee the lease of the family residence.

The award binds the lessor upon being served on him and relieves the original lessee of the rights and obligations arising out of the lease from that time forward.

1991, c. 64, a. 409.

410. In the event of separation from bed and board, or the dissolution or nullity of a marriage, the court may award, to either spouse or to the surviving spouse, the ownership or use of the movable property of the other which serves for the use of the household.

It may also award the right of use of the family residence to the spouse to whom it awards custody of a child.

The user is exempted from furnishing security and from making an inventory of the property unless the court decides otherwise.

1991, c. 64, a. 410.

411. The award of the right of use or ownership is effected, failing agreement between the parties, on the conditions determined by the court and, in particular, on condition of payment of any balance, in cash or by instalments.

When the balance is payable by instalments, the court fixes the terms and conditions of guarantee and payment.

1991, c. 64, a. 411.

412. Judicial award of a right of ownership is subject to the provisions relating to sale.

1991, c. 64, a. 412.

413. A judgment awarding a right of use or ownership is equivalent to title and has the effects thereof.

1991, c. 64, a. 413.

DIVISION III FAMILY PATRIMONY

§ 1 . — Establishment of patrimony

414. Marriage entails the establishment of a family patrimony consisting of certain property of the spouses regardless of which of them holds a right of ownership in that property.

1991, c. 64, a. 414.

415. The family patrimony is composed of the following property owned by one or the other of the spouses: the residences of the family or the rights which confer use of them, the movable property with which they are furnished or decorated and which serves for the use of the household, the motor vehicles used for family travel and the benefits accrued during the marriage under a retirement plan.

This patrimony also includes the registered earnings, during the marriage, of each spouse pursuant to the Act respecting the Québec Pension Plan or to similar plans.

The earnings contemplated in the second paragraph and accrued benefits under a retirement plan governed or established by an Act which grants a right to death benefits to the surviving spouse where the marriage is dissolved as a result of death are, however, excluded from the family patrimony.

Property devolved to one of the spouses by succession or gift before or during the marriage is also excluded from the family patrimony.

For the purposes of the rules on family patrimony, a retirement plan is any of the following:

 — a plan governed by the Act respecting Supplemental Pension Plans or that would be governed thereby if it applied where the spouse works;

 — a retirement plan governed by a similar Act of a legislative jurisdiction other than the Parliament of Québec;

 — a plan established by an Act of the Parliament of Québec or of another legislative jurisdiction;

 — a retirement-savings plan;

 — any other retirement-savings instrument, including an annuity contract, into which sums from any of such plans have been transferred.

1991, c. 64, a. 415.

§ 2 . — Partition of patrimony

416. In the event of separation from bed and board, or the dissolution or nullity of a marriage, the value of the family patrimony of the spouses, after deducting the debts contracted for the acquisition, improvement, maintenance or preservation of the property composing it, is equally divided between the spouses or between the surviving spouse and the heirs, as the case may be.

Where partition is effected upon separation from bed and board, no new partition is effected upon the subsequent dissolution or nullity of the marriage unless the spouses had voluntarily resumed living together; where a new partition is effected, the date when the spouses resumed living together is substituted for the date of the marriage for the purposes of this section.

1991, c. 64, a. 416.

417. The net value of the family patrimony is determined according to the value of the property composing the patrimony and the debts contracted for the acquisition, improvement, maintenance or preservation of the property composing it on the date of death of the spouse or on the date of the institution of the action in which separation from bed and board, divorce or nullity of the marriage, as the case may be, is decided; the property is valued at its market value.

The court may, however, upon the application of one or the other of the spouses or of their successors, decide that the net value of the family patrimony will be established according to the value of such property and such debts on the date when the spouses ceased living together.

1991, c. 64, a. 417.

418. Once the net value of the family patrimony has been established, a deduction is made from it of the net value, at the time of the marriage, of the property then owned by one of the spouses that is included in the family patrimony; similarly, a deduction is made from it of the net value of a contribution made by one of the spouses during the marriage for the acquisition or improvement of property included in the family patrimony, where the contribution was made out of property devolved by succession or gift, or its reinvestment.

A further deduction from the net value is made, in the first case, of the increase in value acquired by the property during the marriage, proportionately to the ratio existing at the time of the marriage between the net value and the gross value of the property, and, in the second case, of the increase in value acquired since the contribution, proportionately to the ratio existing at the time of the contribution between the value of the contribution and the gross value of the property.

Reinvestment during the marriage of property included in the family patrimony that was owned at the time of the marriage gives rise to the same deductions, adapted as required.

1991, c. 64, a. 418.

419. Partition of the family patrimony is effected by giving in payment or by payment in money.

If partition is effected by giving in payment, the spouses may agree to transfer ownership of other property than that composing the family patrimony.

1991, c. 64, a. 419.

420. The court may, at the time of partition, award certain property to one of the spouses and also, where it is necessary to avoid damage, order the debtor spouse to perform his or her obligation by way of instalments spread over a period of not over 10 years.

It may also order any other measure it considers appropriate to ensure that the judgment is properly executed, and, in particular, order that security be granted to one of the parties to guarantee performance of the obligations of the debtor spouse.

1991, c. 64, a. 420.

421. Where property included in the family patrimony was alienated or misappropriated in the year preceding the death of one of the spouses or the institution of proceedings for separation from bed and board, divorce or annulment of marriage and was not replaced, the court may order that a compensatory payment be made to the spouse who would have benefited from the inclusion of that property in the family patrimony.

The same rule applies where the property was alienated over one year before the death of one of the spouses or the institution of proceedings and the alienation was made for the purpose of decreasing the share of the spouse who would have benefited from the inclusion of that property in the family patrimony.

1991, c. 64, a. 421.

422. The court may, on an application, make an exception to the rule of partition into equal shares, and decide that there will be no partition of earnings registered pursuant to the Act respecting the Québec Pension Plan (chapter R-9) or to similar plans where it would result in an injustice considering, in particular, the brevity of the marriage, the waste of certain property by one of the spouses, or the bad faith of one of them.

1991, c. 64, a. 422.

423. The spouses may not, by way of their marriage contract or otherwise, renounce their rights in the family patrimony.

One spouse may, however, from the death of the other spouse or from the judgment of divorce, separation from bed and board or nullity of marriage, renounce such rights, in whole or in part, by notarial act en minute; that spouse may also renounce them by a judicial declaration which is recorded, in the course of proceedings for divorce, separation from bed and board or nullity of marriage.

Renunciation shall be entered in the register of personal and movable real rights. Failing entry within a period of one year from the time when the right to partition arose, the renouncing spouse is deemed to have accepted.

1991, c. 64, a. 423; 1992, c. 57, s. 716.

424. Renunciation by one of the spouses, by notarial act, of partition of the family patrimony may be annulled by reason of lesion or any other cause of nullity of contracts.

1991, c. 64, a. 424.

425. The partition of the earnings registered in the name of each spouse pursuant to the Act respecting the Québec Pension Plan (chapter R-9) or to a similar plan is effected by the body responsible for administering the plan, in accordance with that Act or the Act applicable to that plan, unless the latter Act provides no rules for partition.

1991, c. 64, a. 425.

426. The partition of the accrued benefits of one of the spouses under a pension plan governed or established by an Act is effected according to the rules of valuation and devolution contained in that Act, where that is the case.

In no case, however, may the partition of such benefits deprive the original holder of such benefits of over 1/2 of the total value of the benefits accrued to him before or during the marriage, or confer more benefits on the beneficiary of the right to partition than the original holder of these benefits has under his plan.

Between the spouses or for their benefit, and notwithstanding any provision to the contrary, such benefits and benefits accrued under any other pension plan are transferable and seizable for partition of the family patrimony.

1991, c. 64, a. 426.

DIVISION IV COMPENSATORY ALLOWANCE

427. The court, in declaring separation from bed and board, divorce or nullity of marriage, may order either spouse to pay to the other, as compensation for the latter’s contribution, in property or services, to the enrichment of the patrimony of the former, an allowance payable in cash or by instalments, taking into account, in particular, the advantages of the matrimonial regime and of the marriage contract. The same rule applies in case of death; in such a case, the advantages of the succession to the surviving spouse are also taken into account.

Where the right to the compensatory allowance is founded on the regular cooperation of the spouse in an enterprise, whether the enterprise deals in property or in services and whether or not it is a commercial enterprise, it may be applied for from the time the cooperation ends, if this results from the alienation, dissolution or voluntary or forced liquidation of the enterprise.

1991, c. 64, a. 427.

428. The cooperating spouse may adduce any evidence to prove his or her contribution to the enrichment of the patrimony of the other spouse.

1991, c. 64, a. 428.

429. Where a compensatory allowance becomes payable, the court, failing agreement between the parties, fixes the amount thereof. It may also, where applicable, fix the terms and conditions of payment and order that the allowance be paid in cash or by instalments or that it be paid by the awarding of rights in certain property.

If the court awards a right in the family residence, a right in the movable property serving for the use of the household or retirement benefits accrued under a retirement plan to one of the spouses or to the surviving spouse, the provisions of Sections II and III are applicable.

1991, c. 64, a. 429.

430. One of the spouses may, during the marriage, agree with the other spouse to make partial payment of the compensatory allowance. The payment received shall be deducted when the time comes to fix the value of the compensatory allowance.

1991, c. 64, a. 430.

CHAPTER V MATRIMONIAL REGIMES

DIVISION I GENERAL PROVISIONS

§ 1 . — Choice of matrimonial regime

431. Any kind of stipulation may be made in a marriage contract, subject to the imperative provisions of law and public order.

1991, c. 64, a. 431.

432. Spouses who, before the solemnization of their marriage, have not fixed their matrimonial regime in a marriage contract, are subject to the regime of partnership of acquests.

1991, c. 64, a. 432.

433. A matrimonial regime, whether legal or conventional, takes effect on the day when the marriage is solemnized.

A change made to the matrimonial regime during the marriage takes effect on the day of the act attesting the change.

In no case may the parties stipulate that their matrimonial regime or any change to it will take effect on another date.

1991, c. 64, a. 433.

434. A minor authorized to marry may, before the marriage is solemnized, make all such matrimonial agreements as the marriage contract admits of, provided he is authorized to that effect by the court.

The person having parental authority or, as the case may be, the tutor shall be summoned to give his opinion.

The minor may apply for the authorization alone.

1991, c. 64, a. 434.

435. Agreements not authorized by the court may be impugned only by the minor or by the persons who had to be summoned to give their opinions; no such agreement may be impugned if one year has elapsed since the marriage was solemnized.

1991, c. 64, a. 435.

436. No person of full age under tutorship or provided with an adviser may make matrimonial agreements without the assistance of his tutor or adviser; the tutor shall be authorized for this purpose by the court upon the advice of the tutorship council.

No agreement made in violation of this article may be impugned except by the person of full age himself, his tutor or his adviser, as the case may be, nor except in the year immediately following the solemnization of the marriage or the day of the act changing the matrimonial agreements.

1991, c. 64, a. 436.

437. Intended spouses may change their matrimonial agreements before the solemnization of the marriage, in the presence and with the consent of all those who were parties to the marriage contract, provided the changes themselves are made by marriage contract.

1991, c. 64, a. 437.

438. During marriage, spouses may change their matrimonial regime and any stipulation in their marriage contract, provided the change itself is made by marriage contract.

Gifts made in marriage contracts, including gifts mortis causa, may be changed even if they are stipulated as irrevocable, provided that the consent of all interested persons is obtained.

If a creditor sustains damage as the result of a change to a marriage contract, he may, within one year of becoming aware of the change, obtain a declaration that it may not be set up against him.

1991, c. 64, a. 438.

439. Children to be born are represented by the spouses for the modification or cancellation, before or during the marriage, of gifts made to them by the marriage contract.

1991, c. 64, a. 439.

440. Marriage contracts shall be established by a notarial act en minute, on pain of absolute nullity.

1991, c. 64, a. 440.

441. The notary receiving a marriage contract changing a previous contract shall immediately notify the depositary of the original marriage contract and the depositary of any contract changing the matrimonial regime. The depositary is bound to enter the change on the original and on any copy he may make of it, indicating the date of the contract, the name of the notary and the number of his minute.

1991, c. 64, a. 441.

442. A notice of every marriage contract shall be entered in the register of personal and movable real rights at the requisition of the receiving notary.

1991, c. 64, a. 442.

§ 2 . — Exercise of rights and powers arising out of the matrimonial regime

443. Either spouse may give a mandate to the other in order to be represented in the exercise of rights and powers granted by the matrimonial regime.

1991, c. 64, a. 443.

444. Where an expression of will cannot be given or cannot be given in due time by one spouse, the court may confer a mandate upon the other spouse to administer the property of that spouse or property administered by that spouse under the matrimonial regime.

The court fixes the terms and conditions of exercise of the powers conferred.

1991, c. 64, a. 444.

445. The court may declare the judicial mandate withdrawn once it is established that it is no longer necessary.

The mandate ceases by operation of law upon the other spouse’s being provided with a tutor or curator.

1991, c. 64, a. 445.

446. Either spouse, having administered the property of the other, is accountable even for the fruits and revenues consumed before receiving a demand to render an account.

1991, c. 64, a. 446.

447. If one spouse exceeds the powers granted by the matrimonial regime and the other has not ratified the act, the latter may apply to have it declared null.

As regards movable property, however, each spouse is deemed, in respect of third parties in good faith, to have power to enter alone into acts by onerous title for which the consent of the other spouse would be necessary.

1991, c. 64, a. 447.

DIVISION II PARTNERSHIP OF ACQUESTS

§ 1 . — Composition of the partnership of acquests

448. The property that the spouses possess individually when the regime comes into effect or that they subsequently acquire constitutes acquests or private property according to the rules that follow.

1991, c. 64, a. 448.

449. The acquests of each spouse include all property not declared to be private property by law, and, in particular,

(1)  the proceeds of that spouse’s work during the regime;

(2)  the fruits and income due or collected from all that spouse’s private property or acquests during the regime.

1991, c. 64, a. 449.

450. The private property of each spouse consists of

(1)  property owned or possessed by that spouse when the regime comes into effect;

(2)  property which devolves to that spouse during the regime by succession or gift, and the fruits and income derived from it if the testator or donor has so provided;

(3)  property acquired by that spouse to replace private property and any insurance indemnity relating thereto;

(4)  the rights or benefits devolved to that spouse as a subrogated holder or as a specified beneficiary under a contract or plan of retirement, other annuity or insurance of persons;

(5)  that spouse’s clothing and personal papers, wedding ring, decorations and diplomas;

(6)  the instruments required for that spouse’s occupation, saving compensation where applicable.

1991, c. 64, a. 450.

451. Property acquired with private property and acquests is also private property, subject to compensation, if the value of the private property used is greater than one-half of the total cost of acquisition of the property. Otherwise, it is an acquest subject to compensation.

The same rule applies to life insurance, retirement pensions and other annuities. The total cost is the aggregate of the premiums or sums paid, except in term insurance where it is the amount of the latest premium.

1991, c. 64, a. 451.

452. Where, during the regime, a spouse who is already privately an undivided co-owner of a property acquires another part of it, this acquired part is also that spouse’s private property, saving compensation where applicable.

However, if the value of the acquests used to acquire that part is equal to or greater than one-half of the total value of the property of which the spouse has become the owner, this property becomes an acquest, subject to compensation.

1991, c. 64, a. 452.

453. The right of a spouse to support, to a disability allowance or to any other benefit of the same nature remains the private property of that spouse; however, all pecuniary benefits derived from these are acquests, if they fall due or are collected during the regime or are payable to that spouse’s heirs and successors at death.

No compensation is due by reason of any amount or premium paid with the acquests or the private property to acquire the support, allowance or other benefits.

1991, c. 64, a. 453.

454. The right to claim damages and the compensation received for moral or corporal injury are also the private property of the spouse.

The same rule applies to the right and the compensation arising from an insurance contract or any other indemnification scheme, but no compensation is payable in respect of the premiums or amounts paid with the acquests.

1991, c. 64, a. 454.

455. Property acquired as an accessory of or an annex to private property, and any construction, work or plantation on or in an immovable which is private property, remain private, saving compensation, if need be.

However, if the accessory or annex was acquired, or the construction, work or plantation made, from acquests, and if its value is equal to or greater than that of the private property, the whole becomes an acquest subject to compensation.

1991, c. 64, a. 455.

456. Securities acquired by the effect of a declaration of dividends on securities that are the private property of either spouse remain that spouse’s private property, saving compensation.

Securities acquired by the effect of the exercise of a subscription right, a pre-emptive right or any other similar right conferred on either spouse by securities that are that spouse’s private property likewise remain so, saving compensation, if need be.

Redemption premiums and prepaid premiums on securities that are the private property of either spouse remain that spouse’s private property without compensation.

1991, c. 64, a. 456.

457. Income derived from the operation of an enterprise that is the private property of either spouse remains that spouse’s private property, subject to compensation, if it is reinvested in the enterprise.

No compensation is due, however, if the investment was necessary in order to maintain the income of the enterprise.

1991, c. 64, a. 457.

458. Intellectual and industrial property rights are private property, but all fruits and income arising from them and collected or fallen due during the regime are acquests.

1991, c. 64, a. 458.

459. All property is presumed to constitute an acquest, both between the spouses and with respect to third persons, unless it is established that it is private property.

1991, c. 64, a. 459.

460. Any property that a spouse is unable to prove to be an exclusively private property or acquest is presumed to be held by both spouses in undivided co-ownership, one-half by each.

1991, c. 64, a. 460.

§ 2 . — Administration of property and liability for debts

461. Each spouse has the administration, enjoyment and free disposal of his or her private property and acquests.

1991, c. 64, a. 461.

462. Neither spouse may, however, without the consent of the other, dispose of acquests inter vivos by gratuitous title, with the exception of property of small value or customary presents.

A spouse may be authorized by the court to enter into the act alone, however, if consent cannot be obtained for any reason or if refusal is not justified in the interest of the family.

1991, c. 64, a. 462.

463. The restriction to the right to dispose of acquests does not limit the right of either spouse to designate a third person as a beneficiary or subrogated holder of an insurance of persons, a retirement pension or any other annuity, subject to the application of the rules respecting the family patrimony.

No compensation is due by reason of the sums or premiums paid with the acquests if the designation is in favour of the other spouse or of the children of either spouse.

1991, c. 64, a. 463.

464. The spouses, individually, are liable on both their private property and their acquests for all debts incurred by them before or during the marriage.

While the regime lasts, neither spouse is liable for the debts incurred by the other, subject to articles 397 and 398.

1991, c. 64, a. 464.

§ 3 . — Dissolution and liquidation of the regime

465. The regime of partnership of acquests is dissolved by

(1)  the death of one of the spouses;

(2)  a conventional change of regime during the marriage;

(3)  a judgment of divorce, separation from bed and board, or separation as to property;

(4)  the absence of one of the spouses in the cases provided for by law;

(5)  the nullity of the marriage if, nevertheless, the marriage produces effects.

The effects of the dissolution are produced immediately, except in the cases of subparagraphs 3 and 5, where they are retroactive, between the spouses, to the day of the application.

1991, c. 64, a. 465.

466. In any case of dissolution of a regime, the court may, upon the application of either spouse or of the latter’s successors, decide that, in the mutual relations of the spouses, the effects of the dissolution are retroactive to the date when they ceased to live together.

1991, c. 64, a. 466.

467. Each spouse retains his or her private property after the regime is dissolved.

One spouse may accept or renounce the partition of the other spouse’s acquests, notwithstanding any agreement to the contrary.

1991, c. 64, a. 467.

468. Acceptance may be either express or tacit.

No spouse who has interfered in the management of the acquests of the other spouse after the regime is dissolved may receive the share of the acquests of the other spouse to which he or she is entitled unless the other spouse has accepted the partition of the acquests of the spouse who interfered.

Acts of simple administration do not constitute interference.

1991, c. 64, a. 468.

469. Renunciation shall be made by notarial act en minute or by a judicial declaration which is recorded.

Renunciation shall be entered in the register of personal and movable real rights; failing entry within one year from the date of the dissolution, the spouse is deemed to have accepted.

1991, c. 64, a. 469.

470. If either spouse renounces partition, the share of the other’s acquests to which he or she would have been entitled remains vested in the other.

However, the creditors of the spouse who renounces partition to the prejudice of their rights may apply to the court for a declaration that the renunciation may not be set up against them, and accept the share of the acquests of their debtor’s spouse in his or her place and stead.

In that case, their acceptance has effect only in their favour and only to the extent of the amount of their claims; it is not valid in favour of the renouncing spouse.

1991, c. 64, a. 470.

471. A spouse who has misappropriated or concealed acquests, wasted acquests or administered them in bad faith forfeits his or her share of the acquests of the other spouse.

1991, c. 64, a. 471.

472. Acceptance and renunciation are irrevocable. Renunciation may be annulled, however, by reason of lesion or any other cause of nullity of contracts.

1991, c. 64, a. 472.

473. When the regime is dissolved by death and the surviving spouse has accepted the partition of the acquests of the deceased spouse, the heirs of the deceased spouse may accept or renounce the partition of the surviving spouse’s acquests, and, excepting preferential awards which only the surviving spouse is entitled to receive, the provisions on the dissolution and liquidation of the regime apply to them.

If one of the heirs accepts partition and the others renounce it, the heir who accepts may not take more than the portion of the acquests that he would have had if all had accepted.

Renunciation by the surviving spouse may be set up against the creditors of the deceased spouse.

1991, c. 64, a. 473.

474. When a spouse dies while still entitled to renounce partition, the heirs have a further period of one year from the date of death in which to have their renunciation entered.

1991, c. 64, a. 474.

475. When the partition of a spouse’s acquests is accepted, the property of the patrimony of that spouse is first divided into two masses, one comprising the private property and the other the acquests.

A statement is then prepared of the compensation owed by the mass of private property to the mass of the spouse’s acquests, and vice versa.

The compensation is equal to the enrichment enjoyed by one mass to the detriment of the other.

1991, c. 64, a. 475.

476. Property susceptible of compensation is estimated according to its condition at the time of dissolution of the regime and to its value at the time of liquidation.

The enrichment is valued as on the day the regime is dissolved; however, when the property acquired or improved was alienated during the regime, the enrichment is valued as on the day of the alienation.

1991, c. 64, a. 476.

477. No compensation is due by reason of expenses necessary or useful for the maintenance or preservation of the property.

1991, c. 64, a. 477.

478. Unpaid debts incurred for the benefit of the private property give rise to compensation as if they had already been paid with the acquests.

1991, c. 64, a. 478.

479. Payment with the acquests of any fine imposed by law gives rise to compensation.

1991, c. 64, a. 479.

480. If the statement shows a balance in favour of the mass of acquests, the spouse who holds the patrimony makes a return to that mass for partition, either by taking less, or in value, or with his or her private property.

If the statement shows a balance in favour of the mass of private property, the spouse removes assets from his or her acquests up to the amount owed.

1991, c. 64, a. 480.

481. Once the settlement of compensation has been effected, the net value of the mass of acquests is established and evenly divided between the spouses. The spouse who holds the patrimony may pay the portion due to the other spouse by paying him or her in money or by giving in payment.

1991, c. 64, a. 481.

482. If the dissolution of the regime results from the death or absence of the spouse who holds the patrimony, the other spouse may require to be given in payment, on condition of payment of any balance, in cash or by instalments, the family residence and the movable property serving for the use of the household or any other family property to the extent that they were acquests or property forming part of the family patrimony.

If there is no agreement on the payment of the balance, the court fixes the terms and conditions of guarantee and payment.

1991, c. 64, a. 482.

483. If the parties do not agree on the valuation of the property, it is valued by experts designated by the parties or, failing them, the court.

1991, c. 64, a. 483.

484. Dissolution of the regime does not prejudice the rights, before the partition, of former creditors against the whole of their debtor’s patrimony.

After the partition, former creditors may only pursue payment of their claims against the debtor spouse. However, if the claims were not taken into account when the partition was made, they may, after discussion of the property of their debtor, pursue the other spouse. Each spouse then preserves a remedy against the other for the amounts he or she would have been entitled to if the claims had been paid before the partition.

In no case may the spouse of the debtor spouse be called upon to pay a greater amount than the portion of the acquests he or she received from the latter.

1991, c. 64, a. 484.

DIVISION III SEPARATION AS TO PROPERTY

§ 1 . — Conventional separation as to property

485. The regime of conventional separation as to property is established by a simple declaration to this effect in the marriage contract.

1991, c. 64, a. 485.

486. Under the regime of separation as to property, the spouses, individually, have the administration, enjoyment and free disposal of all their property.

1991, c. 64, a. 486.

487. Property over which the spouses are unable to establish their exclusive right of ownership is presumed to be held by both in undivided co-ownership, one-half by each.

1991, c. 64, a. 487.

§ 2 . — Judicial separation as to property

488. Either spouse may obtain separation as to property when the application of the rules of the matrimonial regime appears to be contrary to the interests of that spouse or of the family.

1991, c. 64, a. 488.

489. Separation as to property judicially obtained entails dissolution of the matrimonial regime and puts the spouses in the situation of those who are conventionally separate as to property.

Between spouses, the effects of the separation are retroactive to the day of the application unless the court makes them retroactive to the date on which the spouses ceased to live together.

1991, c. 64, a. 489.

490. Creditors of the spouses may not apply for separation as to property, but may intervene in the action.

They may also institute proceedings against separation as to property pronounced or executed in fraud of their rights.

1991, c. 64, a. 490.

491. Dissolution of the matrimonial regime effected by separation as to property does not give rise to the rights of survivorship, unless otherwise stipulated in the marriage contract.

1991, c. 64, a. 491.

DIVISION IV COMMUNITY REGIMES

492. Where the spouses elect for a community matrimonial regime and it is necessary to supplement the provisions of the agreement, reference shall be made to the rules respecting partnership of acquests, adapted as required.

Spouses married under the former regime of legal community may invoke the rules of dissolution and liquidation of the regime of partnership of acquests where these are not inconsistent with their matrimonial regime.

1991, c. 64, a. 492.

CHAPTER VI SEPARATION FROM BED AND BOARD

DIVISION I GROUNDS FOR SEPARATION FROM BED AND BOARD

493. Separation from bed and board is granted when the will to live together is gravely undermined.

1991, c. 64, a. 493.

494. The will to live together is gravely undermined particularly

(1)  where proof of an accumulation of facts that make further living together hardly tolerable is adduced by the spouses or either of them;

(2)  where, at the time of the application, the spouses are living apart;

(3)  where either spouse has seriously failed to perform an obligation resulting from the marriage; however, the spouse may not invoke his or her own failure.

1991, c. 64, a. 494.

495. If the spouses submit to the approval of the court a draft agreement settling the consequences of their separation from bed and board, they may apply for separation without disclosing the ground.

The court then grants the separation if it is satisfied that the spouses truly consent and that the agreement sufficiently preserves the interests of each of them and of the children.

1991, c. 64, a. 495.

DIVISION II PROCEEDINGS FOR SEPARATION FROM BED AND BOARD

§ 1 . — General provision

496. It comes within the role of the court to counsel and to foster the conciliation of the spouses, and to see to the interests of the children and the respect of their rights, at all stages of the proceedings for separation from bed and board.

1991, c. 64, a. 496.

§ 2 . — Application and proof

497. An application for separation from bed and board may be presented by both spouses or either of them.

1991, c. 64, a. 497.

498. Proof that further living together is hardly tolerable for the spouses may result from the admission of one party but the court may require additional evidence.

1991, c. 64, a. 498.

§ 3 . — Provisional measures

499. An application for separation from bed and board releases the spouses from the obligation to live together.

1991, c. 64, a. 499.

500. The court may order either spouse to leave the family residence during the proceedings.

It may also authorize either spouse to retain temporarily certain movable property which until that time had served for common use.

1991, c. 64, a. 500.

501. The court may decide as to the custody and education of the children.

It fixes the contribution payable by each spouse to the maintenance of the children during the proceedings.

1991, c. 64, a. 501.

502. The court may order either spouse to pay support to the other, and a provisional sum to cover the costs of the proceedings.

1991, c. 64, a. 502.

503. Provisional measures may be reviewed whenever warranted by any new fact.

1991, c. 64, a. 503.

§ 4 . — Adjournments and reconciliation

504. The court may adjourn the hearing of the application for separation from bed and board if it considers that adjournment can foster the reconciliation of the spouses or avoid serious prejudice to either spouse or to any of their children.

The court may also adjourn the hearing if it considers that the spouses are able to settle the consequences of their separation from bed and board and to make agreements in that respect which the court will be able to take into account.

1991, c. 64, a. 504.

505. Reconciliation between the spouses occurring after the application is presented terminates the proceedings.

Either spouse may nevertheless present a new application on any ground arising after the reconciliation and, in that case, may invoke the previous grounds in support of the application.

1991, c. 64, a. 505.

506. Resumption of cohabitation for less than 90 days does not by itself create a presumption of reconciliation.

1991, c. 64, a. 506.

DIVISION III EFFECTS BETWEEN SPOUSES OF SEPARATION FROM BED AND BOARD

507. Separation from bed and board releases the spouses from the obligation to live together; it does not break the bond of marriage.

1991, c. 64, a. 507.

508. Separation from bed and board carries with it separation as to property, where applicable.

Between spouses, the effects of separation as to property are produced from the day of the application for separation from bed and board, unless the court makes them retroactive to the date on which the spouses ceased to live together.

1991, c. 64, a. 508.

509. Separation from bed and board does not immediately give rise to rights of survivorship, unless otherwise stipulated in the marriage contract.

1991, c. 64, a. 509.

510. Separation from bed and board does not entail the lapse of gifts made to the spouses in consideration of marriage.

However, the court, when granting a separation, may declare the gifts lapsed or reduce them, or order the payment of gifts inter vivos deferred for such time as it may fix, taking the circumstances of the parties into account.

1991, c. 64, a. 510.

511. The court, when granting a separation from bed and board or subsequently, may order either spouse to pay support to the other.

1991, c. 64, a. 511.

512. In any decision relating to the effects of separation from bed and board in respect of the spouses, the court takes their circumstances into account; it considers, among other things, their needs and means, the agreements made between them, their age and state of health, their family obligations, their chances of finding employment, their existing and foreseeable patrimonial situation, evaluating both their capital and their income, and, as the case may be, the time needed by the creditor of support to acquire sufficient autonomy.

1991, c. 64, a. 512.

DIVISION IV EFFECTS OF SEPARATION FROM BED AND BOARD ON CHILDREN

513. Separation from bed and board does not deprive the children of the advantages secured to them by law or by the marriage contract.

The rights and duties of fathers and mothers towards their children are unaffected by separation from bed and board.

1991, c. 64, a. 513.

514. The court, in granting separation from bed and board or subsequently, decides as to the custody, maintenance and education of the children, in their interest and in the respect of their rights, taking into account the agreements made between the spouses, where such is the case.

1991, c. 64, a. 514.

DIVISION V END OF SEPARATION FROM BED AND BOARD

515. Separation from bed and board is terminated upon the spouses’ voluntarily resuming living together.

Separation as to property remains unless the spouses elect another matrimonial regime by marriage contract.

1991, c. 64, a. 515.

CHAPTER VII DISSOLUTION OF MARRIAGE

DIVISION I GENERAL PROVISIONS

516. Marriage is dissolved by the death of either spouse or by divorce.

1991, c. 64, a. 516.

517. Divorce is granted in accordance with the Divorce Act of Canada. The rules governing proceedings for separation from bed and board enacted by this Code and the rules of the Code of Civil Procedure (chapter C-25) apply to such applications to the extent that they are consistent with the Divorce Act of Canada.

1991, c. 64, a. 517.

DIVISION II EFFECTS OF DIVORCE

518. Divorce carries with it the dissolution of the matrimonial regime.

The effects of the dissolution of the regime are produced between the spouses from the day the application is presented, unless the court makes them retroactive to the date on which the spouses ceased to live together.

1991, c. 64, a. 518.

519. Divorce entails the lapse of gifts mortis causa made by one spouse to the other in consideration of marriage.

1991, c. 64, a. 519.

520. Divorce does not entail the lapse of other gifts mortis causa or gifts inter vivos made to the spouses in consideration of marriage.

The court may, however, when granting a divorce, declare such gifts lapsed or reduce them, or order the payment of gifts inter vivos deferred for such time as it may fix.

1991, c. 64, a. 520.

521. Divorce has the same effects in respect of children as separation from bed and board.

1991, c. 64, a. 521.

TITLE TWO FILIATION

GENERAL PROVISION

522. All children whose filiation is established have the same rights and obligations, regardless of their circumstances of birth.

1991, c. 64, a. 522.

CHAPTER I FILIATION BY BLOOD

DIVISION I PROOF OF FILIATION

§ 1 . — Title and possession of status

523. Paternal filiation and maternal filiation are proved by the act of birth, regardless of the circumstances of the child’s birth.

In the absence of an act of birth, uninterrupted possession of status is sufficient.

1991, c. 64, a. 523.

524. Uninterrupted possession of status is established by an adequate combination of facts which indicate the relationship of filiation between the child and the persons of whom he is said to be born.

1991, c. 64, a. 524.

§ 2 . — Presumption of paternity

525. If a child is born during a marriage, or within 300 days after the dissolution or annulment of the marriage, the husband of the child’s mother is presumed to be the father.

The presumption of the husband’s paternity is rebutted if the child is born more than 300 days after the judgment ordering separation from bed and board, unless the spouses have voluntarily resumed living together before the birth.

If a child is born within 300 days after the dissolution or annulment of a marriage but after his mother has remarried, her husband at the time of the birth is presumed to be the father of the child.

1991, c. 64, a. 525.

§ 3 . — Voluntary acknowledgement

526. If maternity or paternity cannot be determined by applying the preceding articles, the filiation of a child may also be established by voluntary acknowledgement.

1991, c. 64, a. 526.

527. Maternity is acknowledged by a declaration made by a woman that she is the mother of the child.

Paternity is acknowledged by a declaration made by a man that he is the father of the child.

1991, c. 64, a. 527.

528. Mere acknowledgement of maternity or of paternity binds only the person who made it.

1991, c. 64, a. 528.

529. An established filiation which has not been successfully contested in court is not impugnable by a mere acknowledgement of maternity or of paternity.

1991, c. 64, a. 529.

DIVISION II ACTIONS RELATING TO FILIATION

530. No person may claim a filiation contrary to that assigned to him by his act of birth and the possession of status consistent with that act.

No person may contest the status of a person whose possession of status is consistent with his act of birth.

1991, c. 64, a. 530.

531. Any interested person, including the father or the mother, may, by any means, contest the filiation of a person whose possession of status is not consistent with his act of birth.

However, the presumed father may contest the filiation and disavow the child only within one year of the date on which the presumption of paternity takes effect, unless he is unaware of the birth, in which case the time limit begins to run on the day he becomes aware of it. The mother may contest the paternity of the presumed father within one year from the birth of the child.

1991, c. 64, a. 531.

532. A child whose filiation is not established by an act and by possession of status consistent therewith may claim his filiation before the court. Similarly, the father or the mother may claim paternity or maternity of a child whose filiation in their regard is not established by an act and by possession of status consistent therewith.

If the child already has another filiation established by an act of birth, by the possession of status, or by the effect of a presumption of paternity, an action to claim status may not be brought unless it is joined to an action contesting the status thus established.

The action for disavowal or for contestation of status is directed against the child and against the mother or the presumed father, as the case may be.

1991, c. 64, a. 532.

533. Proof of filiation may be made by any mode of proof. However, testimony is not admissible unless there is a commencement of proof, or unless the presumptions or indications resulting from already clearly established facts are sufficiently strong to permit its admission.

1991, c. 64, a. 533.

534. Commencement of proof results from the family documents, domestic records and papers, and all other public or private writings proceeding from a party engaged in the contestation or who would have an interest therein if he were alive.

1991, c. 64, a. 534.

535. Every mode of proof is admissible to contest an action concerning filiation.

Any mode of proof tending to establish that the husband is not the father of the child is also admissible.

1991, c. 64, a. 535.

536. In all cases where the law does not impose a shorter period, actions concerning filiation are prescribed by 30 years from the day the child is deprived of the claimed status or begins to enjoy the contested status.

If a child has died without having claimed his status but while he was still within the time limit to do so, his heirs may take action within three years of his death.

1991, c. 64, a. 536.

537. The death of the presumed father or of the mother before the expiry of the period for disavowal or for contestation of status does not extinguish the right of action.

The heirs may exercise this right, however, only within one year after the death.

1991, c. 64, a. 537.

DIVISION III MEDICALLY ASSISTED PROCREATION

538. Participation in the parental project of another person by way of a contribution of genetic material to medically assisted procreation does not allow the creation of any bond of filiation between the contributor and the child born of that procreation.

1991, c. 64, a. 538.

539. No person may contest the filiation of a child on grounds relating to his medically assisted procreation, and no claim to another status is admissible from the child.

However, the husband of the mother may disavow the child or contest acknowledgement if he did not give consent to medically assisted procreation or if he proves that the child was not born of such procreation.

1991, c. 64, a. 539.

540. A person who, after consenting to medically assisted procreation, does not acknowledge the child born of such procreation is responsible to the child and to the mother of the child.

1991, c. 64, a. 540.

541. Procreation or gestation agreements on behalf of another person are absolutely null.

1991, c. 64, a. 541.

542. Nominative information relating to the medically assisted procreation of a child is confidential.

However, where serious injury could be caused to the health of a person born of such procreation or of any of his descendants if he were deprived of the information he requires, the court may allow such information to be transmitted confidentially to the medical authorities concerned. A descendant of such a person may also avail himself of this right if the fact that he is deprived of the information he requires could be the cause of serious injury to his health or the health of any of his close relatives.

1991, c. 64, a. 542.

CHAPTER II ADOPTION

DIVISION I CONDITIONS FOR ADOPTION

§ 1 . — General provisions

543. No adoption may take place except in the interest of the child and on the conditions prescribed by law.

No adoption may take place for the purpose of confirming filiation already established by blood.

1991, c. 64, a. 543.

544. No minor child may be adopted unless his father and mother or his tutor have consented to the adoption or unless he has been judicially declared eligible for adoption.

1991, c. 64, a. 544.

545. No person of full age may be adopted except by the persons who stood in loco parentis towards him when he was a minor.

The court, however, may dispense with this requirement in the interest of the person to be adopted.

1991, c. 64, a. 545.

546. Any person of full age may, alone or jointly with another person, adopt a child.

1991, c. 64, a. 546.

547. A person may not be an adopter unless he is at least 18 years older than the person adopted, except where the person adopted is the child of the spouse of the adopter.

The court may, however, dispense with this requirement in the interest of the person to be adopted.

1991, c. 64, a. 547.

548. Consent provided for in this chapter shall be given in writing and before two witnesses.

The same rule applies to the withdrawal of consent.

1991, c. 64, a. 548.

§ 2 . — Consent of the adopted person

549. No child 10 years of age or over may be adopted without his consent, unless he is unable to express his will.

However, when a child under 14 years of age refuses to give his consent, the court may defer its judgment for the period of time it indicates, or grant adoption notwithstanding his refusal.

1991, c. 64, a. 549.

550. Refusal by a child 14 years of age or over is a bar to adoption.

1991, c. 64, a. 550.

§ 3 . — Consent of parents or tutor

551. When adoption takes place with the consent of the parents, the consent of both parents to the adoption is necessary if the filiation of the child is established with regard to both of them.

If the filiation of the child is established with regard to only one parent, the consent of that parent is sufficient.

1991, c. 64, a. 551.

552. If either parent is deceased, or if he is unable to express his will, or if he is deprived of parental authority, the consent of the other parent is sufficient.

1991, c. 64, a. 552.

553. If both parents are deceased, if they are unable to express their will, or if they are deprived of parental authority, the adoption of the child is subject to the consent of the tutor, if the child has a tutor.

1991, c. 64, a. 553.

554. A parent of minor age may himself, without authorization, give his consent to the adoption of his child.

1991, c. 64, a. 554.

555. Consent to adoption may be general or special; special consent may be given only in favour of an ascendant of the child, a relative in the collateral line to the third degree or the spouse of that ascendant or relative; it may also be given in favour of the spouse or the concubinary of the father or mother, if they have been cohabiting as concubinaries for at least three years.

1991, c. 64, a. 555.

556. Consent to adoption entails, until the order of placement, delegation by operation of law of parental authority to the person to whom the child is given.

1991, c. 64, a. 556.

557. A person who has given his consent to adoption may withdraw it within 30 days from the date it was given.

The child shall then be returned without formality or delay to the person who has withdrawn his consent.

1991, c. 64, a. 557.

558. If a person has not withdrawn his consent within 30 days, he may, at any time before the order of placement, apply to the court to have the child returned.

1991, c. 64, a. 558.

§ 4 . — Declaration of eligibility for adoption

559. The following may be judicially declared eligible for adoption:

(1)  a child over three months old, if neither his paternal filiation nor his maternal filiation has been established;

(2)  a child whose care, maintenance or education has not in fact been taken in hand by his mother, father or tutor for at least six months;

(3)  a child whose father and mother have been deprived of parental authority, if he has no tutor;

(4)  a child who has neither father nor mother, if he has no tutor.

1991, c. 64, a. 559.

560. An application for a declaration of eligibility for adoption may be made by no one except an ascendant of the child, a relative in the collateral line to the third degree, the spouse of such an ascendant or relative, the child himself if 14 years of age or over, or a director of youth protection.

1991, c. 64, a. 560.

561. A child may not be declared eligible for adoption unless it is unlikely that his father, mother or tutor will resume custody of him and take in hand his care, maintenance or education. This unlikelihood is presumed.

1991, c. 64, a. 561.

562. The court, when declaring a child eligible for adoption, designates the person who is to exercise parental authority in his regard.

1991, c. 64, a. 562.

§ 5 . — Special conditions respecting adoption of a child domiciled outside Québec

563. Every person domiciled in Québec wishing to adopt a child domiciled outside Québec shall previously undergo a psychosocial assessment made in accordance with the conditions provided in the Youth Protection Act (chapter P-34.1).

1991, c. 64, a. 563.

564. The steps with a view to adoption are taken by the adopter, in accordance with the conditions provided in the Youth Protection Act, or, at the request of the adopter, by the Minister of Health and Social Services or an organization certified under the said Act.

1991, c. 64, a. 564.

565. The adoption of a child domiciled outside Québec may be granted only by judicial decision either outside Québec or in Québec. A judgment granted in Québec is preceded by an order of placement. For a judgment granted outside Québec, recognition by the court in Québec is necessary.

1991, c. 64, a. 565.

DIVISION II ORDER OF PLACEMENT AND ADOPTION JUDGMENT

566. The placement of a minor may not take place except on a court order nor may the adoption of a child be granted unless the child has lived with the adopter for at least six months since the court order.

The period may be reduced by up to three months, however, particularly in consideration of the time during which the minor has already lived with the adopter before the order.

1991, c. 64, a. 566.

567. An order of placement may not be granted before the lapse of 30 days after the giving of consent to adoption.

1991, c. 64, a. 567.

568. Before granting an order of placement, the court ascertains that the conditions for adoption have been complied with and, particularly, that the prescribed consents have been validly given.

Where the placement of a child domiciled outside Québec is made under an agreement entered into by virtue of the Youth Protection Act, the court also verifies that the procedure followed is as provided in the agreement.

Even if the adopter has not complied with the provisions of articles 563 and 564, the placement may be ordered for serious reasons and if the interest of the child demands it. However, the application shall be accompanied with a psychosocial assessment made by the director of youth protection.

1991, c. 64, a. 568.

569. The order of placement confers the exercise of parental authority on the adopter; it allows the child, for the term of the placement, to exercise his civil rights under the surname and given names chosen by the adopter, which are recorded in the order.

The order is a bar to the return of the child to his parents or to his tutor and to the establishment of filial relationship between the child and his parents by blood.

1991, c. 64, a. 569.

570. The effects of the order of placement cease if placement terminates or if the court refuses to grant the adoption.

1991, c. 64, a. 570.

571. If the adopter fails to present his application for adoption within a reasonable time after the expiry of the minimum period of placement, the order of placement may be revoked on the application of the child himself if he is 14 years of age or over or by any interested person.

1991, c. 64, a. 571.

572. Where the effects of the order of placement cease and no adoption has taken place, the court, even of its own motion, designates the person who is to exercise parental authority over the child; the director of youth protection who was the legal tutor before the order of placement again becomes the legal tutor.

1991, c. 64, a. 572.

573. The court grants adoption on the application of the adopters unless a report indicates that the child has not adapted to his adopting family. In this case or whenever the interest of the child demands it, the court may require any additional proof it considers necessary.

1991, c. 64, a. 573.

574. The court, where called upon to recognize an adoption judgment rendered outside Québec, ascertains that the rules respecting consent to adoption and eligibility for adoption have been observed.

Where the adoption judgment has been rendered outside Québec under an agreement entered into by virtue of the Youth Protection Act, the court also verifies that the procedure followed is as provided in the agreement.

Even if the adopter has not complied with the provisions of articles 563 and 564, recognition may be granted for serious reasons and if the interest of the child demands it. However, the application shall be accompanied with a psychosocial assessment.

1991, c. 64, a. 574.

575. If either of the adopters dies after the order of placement, the court may grant adoption even with regard to the deceased adopter.

The court may also recognize an adoption judgment rendered outside Québec notwithstanding the death of the adopter.

1991, c. 64, a. 575.

576. The court assigns to the adopted person the surname and given names chosen by the adopter unless, at the request of the adopter or of the adopted person, it allows him to keep his original surname and given names.

1991, c. 64, a. 576.

DIVISION III EFFECTS OF ADOPTION

577. Adoption confers on the adopted person a filiation which replaces his original filiation.

The adopted person ceases to belong to his original family, subject to any impediments to marriage.

1991, c. 64, a. 577.

578. Adoption creates the same rights and obligations as filiation by blood.

The court may, however, according to circumstances, permit a marriage in the collateral line between the adopted person and a member of his adoptive family.

1991, c. 64, a. 578.

579. When adoption is granted, the effects of the preceding filiation cease; the tutor, if any, loses his rights and is discharged from his duties regarding the adopted person, save the obligation to render account.

Notwithstanding the foregoing, a person’s adoption of a child of his or her spouse or concubinary does not dissolve the bond of filiation between the child and that parent.

1991, c. 64, a. 579.

580. Where one of the adopters dies after the order of placement is made, the adoption produces its effects from the date of the order.

1991, c. 64, a. 580.

581. Recognition of an adoption judgment rendered outside Québec produces the same effects as an adoption judgment rendered in Québec from the time the adoption judgment was rendered.

1991, c. 64, a. 581.

DIVISION IV CONFIDENTIALITY OF ADOPTION FILES

582. The judicial and administrative files respecting the adoption of a child are confidential and no information contained in them may be revealed except as required by law.

However, the court may allow an adoption file to be examined for the purposes of study, teaching, research or a public inquiry, provided that the anonymity of the child, of the parents and of the adopter is preserved.

1991, c. 64, a. 582.

583. An adopted person of full age or an adopted minor 14 years of age or over is entitled to obtain the information enabling him to find his parents if they have previously consented thereto. The same holds true of the parents of an adopted child if the child, once of full age, has previously consented thereto.

An adopted minor under 14 years of age is entitled to obtain information enabling him to find his parents if the parents and the adoptive parents have previously consented thereto.

Consent may not be solicited; however, an adopted minor may not be informed of the application for information made by his father or mother.

1991, c. 64, a. 583.

584. Where serious injury could be caused to the health of the adopted person, whether a minor or of full age, or of any of his close relatives if he is deprived of the information he requires, the court may allow the adopted person to obtain such information.

A close relative of the adopted person may also avail himself of such right if the fact of being deprived of the information he requires could be the cause of serious injury to his health or the health of any of his close relatives.

1991, c. 64, a. 584.

TITLE THREE OBLIGATION OF SUPPORT

585. Spouses, and relatives in the direct line in the first degree, owe each other support.

1991, c. 64, a. 585; 1996, c. 28, s. 1.

586. Proceedings for the support of a minor child may be instituted by the holder of parental authority, his tutor, or any person who has custody of him, according to the circumstances.

The court may order the support payable to the person who has custody of the child.

1991, c. 64, a. 586.

587. In awarding support, account is taken of the needs and means of the parties, their circumstances and, as the case may be, the time needed by the creditor of support to acquire sufficient autonomy.

1991, c. 64, a. 587.

587.1. As regards the support owed to a child by his parents, the basic parental contribution, as determined pursuant to the rules for the determination of child support payments adopted under the Code of Civil Procedure (chapter C-25), is presumed to meet the needs of the child and to be in proportion to the means of the parents.

The basic parental contribution may be increased having regard to certain expenses relating to the child which are specified in the rules, to the extent that such expenses are reasonable considering the needs and means of the parents and child.

1996, c. 68, s. 1.

587.2. The support to be provided by a parent for his child is equal to that parent’s share of the basic parental contribution, increased, where applicable, having regard to specified expenses relating to the child.

The court may, however, increase or reduce the level of support if it is of the opinion that, in the special circumstances of the case, not doing so would entail undue hardship for one of the parents. Such hardship may be caused by, among other things, the costs involved in exercising visiting rights in respect of the child, obligations of support toward persons other than the child or reasonable debts incurred to meet family needs. The court may also increase or reduce the level of support if it is warranted by the value of either parent’s assets or the extent of the resources available to the child.

1996, c. 68, s. 1.

587.3. Parents may make a private agreement stipulating a level of child support that departs from the level which would be required to be provided under the rules for the determination of child support payments, subject to the court being satisfied that the needs of the child are adequately provided for.

1996, c. 68, s. 1.

588. The court may award provisional support to the creditor of support for the duration of the proceedings.

It may also award a provisional sum to the creditor of support to cover the costs of the proceedings.

1991, c. 64, a. 588.

589. Support is payable as a pension; the court may, by way of exception, replace or complete the alimentary pension by a lump sum payable in cash or by instalments.

1991, c. 64, a. 589.

590. If support is payable as a pension, it is indexed by operation of law on 1 January each year, in accordance with the annual Pension Index established pursuant to section 119 of the Act respecting the Québec Pension Plan (chapter R-9), in order to maintain the real monetary value of the claim resulting from the judgment awarding support.

However, where the application of the index brings about a serious imbalance between the needs of the creditor and the means of the debtor, the court may, in exercising its jurisdiction, either fix another basis of indexation or order that the claim not be indexed.

1991, c. 64, a. 590.

591. The court, if it considers it necessary, may order the debtor to furnish sufficient security beyond the legal hypothec for payment of support, or order the constitution of a trust to secure such payment.

1991, c. 64, a. 591.

592. If the debtor offers to take the creditor of support into his home, he may, if circumstances permit, be dispensed from paying all or part of the support.

1991, c. 64, a. 592.

593. The creditor may pursue a remedy against one of the debtors of support or against several of them simultaneously.

The court fixes the amount of support that each of the debtors sued or impleaded shall pay.

1991, c. 64, a. 593.

594. The judgment awarding support, whether it is indexed or not, may be reviewed by the court whenever warranted by circumstances.

However, a judgment awarding payment of a lump sum may be reviewed only if it has not been executed.

1991, c. 64, a. 594.

595. Support may be claimed for needs existing up to one year before the application.

The creditor shall prove that he was in fact unable to act sooner, unless he made a demand to the debtor within one year before the application, in which case support is awarded from the date of the demand.

1991, c. 64, a. 595.

596. A debtor from whom support payments are claimed may plead a change, after judgment, in his condition or in that of his creditor and be released from payment of the whole or a part of them.

However, in no case where the support payments claimed have been due for over six months may the debtor be released from payment of them unless he shows that it was impossible for him to exercise his right to obtain a review of the judgment fixing the alimentary pension.

1991, c. 64, a. 596.

TITLE FOUR PARENTAL AUTHORITY

597. Every child, regardless of age, owes respect to his father and mother.

1991, c. 64, a. 597.

598. A child remains subject to the authority of his father and mother until his majority or emancipation.

1991, c. 64, a. 598.

599. The father and mother have the rights and duties of custody, supervision and education of their children.

They shall maintain their children.

1991, c. 64, a. 599.

600. The father and mother exercise parental authority together.

If either parent dies, is deprived of parental authority or is unable to express his or her will, parental authority is exercised by the other parent.

1991, c. 64, a. 600.

601. The person having parental authority may delegate the custody, supervision or education of the child.

1991, c. 64, a. 601.

602. No unemancipated minor may leave his domicile without the consent of the person having parental authority.

1991, c. 64, a. 602.

603. Where the father or the mother performs alone any act of authority concerning their child, he or she is, with regard to third persons in good faith, presumed to be acting with the consent of the other parent.

1991, c. 64, a. 603.

604. In the case of difficulties relating to the exercise of parental authority, the person having parental authority may refer the matter to the court, which will decide in the interest of the child after fostering the conciliation of the parties.

1991, c. 64, a. 604.

605. Whether custody is entrusted to one of the parents or to a third person, and whatever the reasons may be, the father and mother retain the right to supervise the maintenance and education of the children, and are bound to contribute thereto in proportion to their means.

1991, c. 64, a. 605.

606. The court may, for a grave reason and in the interest of the child, on the application of any interested person, declare the father, the mother or either of them, or a third person on whom parental authority may have been conferred, to be deprived of such authority.

Where such a measure is not required by the situation but action is nevertheless necessary, the court may declare, instead, the withdrawal of an attribute of parental authority or of the exercise of such authority. The court may also directly examine an application for withdrawal.

1991, c. 64, a. 606.

607. The court may, in declaring deprivation or withdrawal of an attribute of parental authority or of the exercise of such authority, designate the person who is to exercise parental authority or an attribute thereof; it may also, where applicable, obtain the advice of the tutorship council before designating the person or, if required in the interest of the child, appointing a tutor.

1991, c. 64, a. 607.

608. Deprivation extends to all minor children born at the time of the judgment, unless the court decides otherwise.

1991, c. 64, a. 608.

609. Deprivation entails the exemption of the child from the obligation to provide support, unless the court decides otherwise. However, where circumstances warrant it, the exemption may be lifted after the child reaches full age.

1991, c. 64, a. 609.

610. A father or mother who has been deprived of parental authority or from whom an attribute of parental authority has been withdrawn may have the withdrawn authority restored, provided he or she alleges new circumstances, subject to the provisions governing adoption.

1991, c. 64, a. 610.

611. In no case may the father or mother, without a grave reason, interfere with personal relations between the child and his grandparents.

Failing agreement between the parties, the terms and conditions of these relations are decided by the court.

1991, c. 64, a. 611.

612. Decisions concerning the children may be reviewed at any time by the court, if warranted by circumstances.

1991, c. 64, a. 612.

BOOK THREE SUCCESSIONS

TITLE ONE OPENING OF SUCCESSIONS AND QUALITIES FOR SUCCESSION

CHAPTER I OPENING OF SUCCESSIONS

613. The succession of a person opens by his death, at the place of his last domicile.

The succession devolves according to the prescriptions of law unless the deceased has, by testamentary dispositions, provided otherwise for the devolution of his property. Gifts mortis causa are, in that respect, testamentary dispositions.

1991, c. 64, a. 613.

614. In determining succession, the law considers neither the origin nor the nature of the property; all the property as a whole constitutes a single patrimony.

1991, c. 64, a. 614.

615. When a person dies leaving property situated outside Québec or claims against persons not residing in Québec, letters of verification may be obtained in the manner provided in the Code of Civil Procedure (chapter C-25).

1991, c. 64, a. 615.

616. Where persons die and it is impossible to determine which survived the other, they are deemed to have died at the same time if at least one of them is called to the succession of the other.

The succession of each of the decedents then devolves to the persons who would have been called to take it in his place.

1991, c. 64, a. 616.

CHAPTER II QUALITIES FOR SUCCESSION

617. Natural persons who exist at the time the succession opens, including absentees presumed to be alive at that time and children conceived but yet unborn, if they are born alive and viable, may inherit.

In the case of a substitution or trust, persons who have the required qualities when the disposition produces its effect in their regard may also inherit.

1991, c. 64, a. 617.

618. The State may receive by will. Legal persons may receive by will such property as they may legally hold.

A trustee may receive a legacy intended for the trust or a legacy to be used to accomplish the object of the trust.

1991, c. 64, a. 618.

619. A successor to whom an intestate succession devolves or who receives a universal legacy or a legacy by general title by will is an heir from the opening of the succession, provided he accepts it.

1991, c. 64, a. 619.

620. The following persons are unworthy of inheriting by operation of law:

(1)  a person convicted of making an attempt on the life of the deceased;

(2)  a person deprived of parental authority over his child while his child is exempted from the obligation of providing support, in respect of that child’s succession.

1991, c. 64, a. 620.

621. The following persons may be declared unworthy of inheriting:

(1)  a person guilty of cruelty towards the deceased or having otherwise behaved towards him in a seriously reprehensible manner;

(2)  a person who has concealed, altered or destroyed in bad faith the will of the deceased;

(3)  a person who had hindered the testator in the writing, amendment or revocation of his will.

1991, c. 64, a. 621.

622. An heir is not unworthy of inheriting nor subject to being declared so if the deceased knew the cause of unworthiness and yet conferred a benefit on him or did not modify the liberality when he could have done so.

1991, c. 64, a. 622.

623. Any successor may, within one year after the opening of the succession or becoming aware of a cause of unworthiness, apply to the court to declare an heir unworthy if that heir is not unworthy by operation of law.

1991, c. 64, a. 623.

624. The spouse in good faith of the deceased inherits if the marriage is declared null after the death.

1991, c. 64, a. 624.

TITLE TWO TRANSMISSION OF SUCCESSIONS

CHAPTER I SEISIN

625. The heirs are seised, by the death of the deceased or by the event which gives effect to the legacy, of the patrimony of the deceased, subject to the provisions on the liquidation of successions.

The heirs are not, unless by way of exception provided for in this Book, bound by the obligations of the deceased to a greater extent than the value of the property they receive, and they retain their right to demand payment of their claims from the succession.

The heirs are seised of the rights of action of the deceased against any person or that person’s representatives, for breach of his personality rights.

1991, c. 64, a. 625.

CHAPTER II PETITION OF INHERITANCE AND ITS EFFECTS ON THE TRANSMISSION OF THE SUCCESSION

626. A successor is entitled to have his heirship recognized at any time within 10 years from the opening of the succession to which he claims to be entitled or from the day his right arises.

1991, c. 64, a. 626.

627. An apparent heir is obliged, by the recognition of the heirship of the successor, to restore everything he has received from the succession without being entitled to it, in accordance with the rules in the Book on Obligations relating to restitution of prestations.

1991, c. 64, a. 627.

628. Any person who is unworthy and who has received property from the succession is deemed to be an apparent heir in bad faith.

1991, c. 64, a. 628.

629. Obligations of the deceased discharged by the apparent heirs otherwise than out of property from the succession are reimbursed by the true heirs.

1991, c. 64, a. 629.

CHAPTER III THE RIGHT OF OPTION

DIVISION I DELIBERATION AND OPTION

630. Every successor has the right to accept or to renounce the succession.

The option is indivisible. However, a successor called to the succession in several ways has a separate option for each.

1991, c. 64, a. 630.

631. No person may exercise his option with respect to a succession not yet opened or make any stipulation with respect to such a succession, even with the consent of the person whose succession it is.

1991, c. 64, a. 631.

632. A successor has six months from the day his right arises to deliberate and exercise his option. The period is extended of right by as many days as necessary to afford him 60 days from closure of the inventory.

During the period for deliberation, no judgment may be rendered against the successor as an heir unless he has already accepted the succession.

1991, c. 64, a. 632.

633. If the successor aware of his heirship does not renounce within the period for deliberation, he is presumed to have accepted unless the period has been extended by the court. If a successor is unaware of his heirship, he may be constrained to exercise his option within the time determined by the court.

If a successor does not exercise his option within the time determined by the court, he is presumed to have renounced.

1991, c. 64, a. 633.

634. If a successor renounces within the period for deliberation fixed in article 632, the lawful expenses incurred to that time are borne by the succession.

1991, c. 64, a. 634.

635. If a successor dies before exercising his option, his heirs deliberate and exercise the option within the period allotted to them for deliberation and option in respect of the succession of their predecessor in title.

Each of the heirs of the successor exercises his option separately; the share of an heir who renounces accrues to the coheirs.

1991, c. 64, a. 635.

636. A person may cause an option he has exercised to be annulled on the grounds and within the time prescribed for invoking nullity of contracts.

1991, c. 64, a. 636.

DIVISION II ACCEPTANCE

637. Acceptance is express or tacit. It may also result from the law.

Acceptance is express where the successor formally assumes the title or quality of heir; it is tacit where the successor performs an act that necessarily implies his intention of accepting.

1991, c. 64, a. 637.

638. A succession devolving to a minor, to a protected person of full age or to an absent person is deemed to be accepted, except where it is renounced within the time for deliberation and option,

(1)  in the case of an unemancipated minor, a person of full age under tutorship or curatorship or an absent person, by the representative of the successor with the authorization of the tutorship council;

(2)  in the case of an emancipated minor or person of full age who requires assistance, by the successor himself, assisted by his tutor or his adviser.

In no case is the minor, the protected person of full age or the absent person liable for the payment of debts of the succession amounting to more than the value of the property he receives.

1991, c. 64, a. 638.

639. The fact that the successor exempts the liquidator from making an inventory or mingles property of the succession with his personal property, unless the property was mingled before the death, entails acceptance of the succession.

1991, c. 64, a. 639.

640. The succession is presumed to be accepted where the successor, knowing that the liquidator refuses or is neglecting to make the inventory, himself neglects to make the inventory or to apply to the court either to replace the liquidator or to order him to make the inventory within 60 days after expiry of the six months for deliberation.

1991, c. 64, a. 640.

641. The transfer by a person of his rights in a succession by gratuitous or onerous title entails acceptance.

The same rule applies to renunciation in favour of one or more coheirs, even by gratuitous title, and to renunciation by onerous title, even though it be in favour of all the coheirs without distinction.

1991, c. 64, a. 641.

642. Mere conservatory acts and acts of supervision and provisional administration do not, by themselves, entail acceptance of the succession.

The same rule applies to an act rendered necessary by exceptional circumstances which the successor performs in the interest of the succession.

1991, c. 64, a. 642.

643. The distribution of the clothing, private papers, medals and diplomas of the deceased and family souvenirs does not by itself entail acceptance of the succession if it is done with the agreement of all the successors.

Acceptance by a successor of the transmission in his favour of a site intended for a body or ashes does not entail acceptance of the succession.

1991, c. 64, a. 643.

644. If a succession includes perishable things, the successor may, before the designation of a liquidator, sell them by agreement or, if he cannot find a buyer in due time, give them to charitable institutions or distribute them among the successors, without implying acceptance on his part.

He may also alienate movable property which, although not perishable, is expensive to preserve or is likely to depreciate rapidly. In this case, he acts as an administrator of the property of others.

1991, c. 64, a. 644.

645. Acceptance confirms the transmission which took place by operation of law at the time of death.

1991, c. 64, a. 645.

DIVISION III RENUNCIATION

646. Renunciation is express. It may also result from the law.

Express renunciation is made by notarial act en minute or by a judicial declaration which is recorded.

1991, c. 64, a. 646.

647. A person who renounces is deemed never to have been a successor.

1991, c. 64, a. 647.

648. A successor may renounce the succession provided that he has not performed any act entailing acceptance and that no judgment having the authority of a final judgment (res judicata) has been rendered against him as an heir.

1991, c. 64, a. 648.

649. A successor who has renounced the succession retains the faculty of accepting it for 10 years from the day his right arose, if it has not been accepted by another person.

Acceptance is made by notarial act en minute or by a judicial declaration which is recorded.

The heir takes the succession in its actual condition at that time and subject to the acquired rights of third persons in the property of the succession.

1991, c. 64, a. 649.

650. A successor who has been unaware of his heirship or has not made it known for 10 years from the day his right arose is deemed to have renounced the succession.

1991, c. 64, a. 650.

651. A successor who, in bad faith, has abstracted or concealed property of the succession or failed to include property in the inventory is deemed to have renounced the succession notwithstanding any prior acceptance.

1991, c. 64, a. 651.

652. The creditors of a person who renounces may, if the renunciation is damaging to them, apply within one year to the court to declare that the renunciation may not be set up against them, and accept the succession in lieu of their debtor.

The acceptance has effect only in favour of the creditors who applied for it, and only up to the amount of their claim. It has no effect in favour of the person who renounced.

1991, c. 64, a. 652.

TITLE THREE LEGAL DEVOLUTION OF SUCCESSIONS

CHAPTER I HEIRSHIP

653. Unless otherwise provided by testamentary dispositions, a succession devolves to the surviving spouse and relatives of the deceased, in the order and according to the rules laid down in this Title. Where there is no heir, it falls to the State.

1991, c. 64, a. 653.

654. The surviving spouse’s heirship is not dependent on the renunciation of his matrimonial rights and benefits.

1991, c. 64, a. 654.

CHAPTER II RELATIONSHIP

655. Relationship is based on ties of blood or of adoption.

1991, c. 64, a. 655.

656. The degree of relationship is established by the number of generations, each forming one degree. The series of degrees forms the direct line or the collateral line.

1991, c. 64, a. 656.

657. The direct line is the series of degrees between persons descended one from another. The number of degrees in the direct line is equal to the number of generations between the successor and the deceased.

1991, c. 64, a. 657.

658. The direct line of descent connects a person with his descendants; the direct line of ascent connects him with his ancestors.

1991, c. 64, a. 658.

659. The collateral line is the series of degrees between persons descended not one from another but from a common ancestor.

In the collateral line, the number of degrees is equal to the number of generations between the successor and the common ancestor and between the common ancestor and the deceased.

1991, c. 64, a. 659.

CHAPTER III REPRESENTATION

660. Representation is a favour granted by law by which a relative is called to a succession which his ascendant, who is a closer relative of the deceased, would have taken but is unable to take himself, having died previously or at the same time or being unworthy.

1991, c. 64, a. 660.

661. There is no limit to representation in the direct line of descent.

Representation is allowed whether the children of the deceased compete with the descendants of a represented child, or whether, all the children of the deceased being themselves deceased or unworthy, their descendants are in equal or unequal degrees of relationship to each other.

1991, c. 64, a. 661.

662. Representation does not take place in favour of ascendants, the nearer ascendant in each line excluding the more distant.

1991, c. 64, a. 662.

663. In the collateral line, representation takes place, between privileged collaterals, in favour of the descendants in the first degree of the brothers and sisters of the deceased, whether or not they compete with them and, between ordinary collaterals, in favour of the other descendants of the brothers and sisters of the deceased in other degrees, whether they are in equal or unequal degrees of relationship to each other.

1991, c. 64, a. 663.

664. No person who has renounced a succession may be represented, but a person whose succession has been renounced may be represented.

1991, c. 64, a. 664.

665. In all cases where representation is permitted, partition is effected by roots.

If one root has several branches, the subdivision is also made by roots in each branch, and the members of the same branch share among themselves by heads.

1991, c. 64, a. 665.

CHAPTER IV ORDER OF DEVOLUTION OF SUCCESSIONS

DIVISION I DEVOLUTION TO THE SURVIVING SPOUSE AND TO DESCENDANTS

666. If the deceased leaves a spouse and descendants, the succession devolves to them.

The spouse takes one-third of the succession and the descendants, the other two-thirds.

1991, c. 64, a. 666.

667. Where there is no spouse, the entire succession devolves to the descendants.

1991, c. 64, a. 667.

668. If the descendants who inherit are all in the same degree and called in their own right, they share in equal portions and by heads.

If there is representation, they share by roots.

1991, c. 64, a. 668.

669. Unless there is representation, the descendant in the closest degree takes the share of the descendants, to the exclusion of all the others.

1991, c. 64, a. 669.

DIVISION II DEVOLUTION TO THE SURVIVING SPOUSE AND TO PRIVILEGED ASCENDANTS OR COLLATERALS

670. The father and mother of the deceased are privileged ascendants.

The brothers and sisters of the deceased and their descendants in the first degree are privileged collaterals.

1991, c. 64, a. 670.

671. Where there are neither descendants, privileged ascendants nor privileged collaterals, the entire succession devolves to the surviving spouse.

1991, c. 64, a. 671.

672. Where there are no descendants, two-thirds of the succession devolves to the surviving spouse and one-third to the privileged ascendants.

1991, c. 64, a. 672.

673. Where there are no descendants and no privileged ascendants, two-thirds of the succession devolves to the surviving spouse and one-third to the privileged collaterals.

1991, c. 64, a. 673.

674. Where there are no descendants and no surviving spouse, the succession is partitioned equally between the privileged ascendants and the privileged collaterals.

Where there are no privileged ascendants, the privileged collaterals inherit the entire succession, and vice versa.

1991, c. 64, a. 674.

675. Where the privileged ascendants inherit, they share equally; where only one of the privileged ascendants inherits, he takes the share that would have devolved to the other.

1991, c. 64, a. 675.

676. Where the privileged collaterals who inherit are fully related by blood to the deceased, they share equally or by roots, as the case may be.

Where this is not the case, the share which devolves to them is divided equally between the paternal line and the maternal line of the deceased; persons fully related by blood partake in both lines and those half related by blood partake each in his own line.

If the privileged collaterals are in one line only, they inherit the entire succession to the exclusion of all other ascendants and ordinary collaterals in the other line.

1991, c. 64, a. 676.

DIVISION III DEVOLUTION TO ORDINARY ASCENDANTS AND COLLATERALS

677. The ordinary ascendants and collaterals are not called to the succession unless the deceased left no spouse, no descendants and no privileged ascendants or collaterals.

1991, c. 64, a. 677.

678. If the ordinary collaterals include descendants of the privileged collaterals, these descendants take one-half of the succession and the other half devolves to the ascendants and the other collaterals.

Where there are no descendants of privileged collaterals, the entire succession devolves to the ascendants and the other collaterals, and vice versa.

1991, c. 64, a. 678.

679. The succession devolving to the ordinary ascendants and the other collaterals of the deceased is divided equally between the paternal and maternal lines.

In each line, the persons who inherit share by heads.

1991, c. 64, a. 679.

680. In each line, the ascendant in the second degree takes the share allotted to his line, to the exclusion of the other ordinary ascendants or collaterals.

Where in one line there is no ascendant in the second degree, the share allotted to that line devolves to the closest ordinary collaterals descended from that ascendant.

1991, c. 64, a. 680.

681. Where in one line there are no ordinary collaterals descended from the ascendants in the second degree, the share allotted to that line devolves to the ascendants in the third degree or, if there are none, to the closest ordinary collaterals descended from them, and so on until no relatives within the degrees of succession remain.

1991, c. 64, a. 681.

682. If there are no relatives within the degrees of succession in one line, the relatives in the other line inherit the entire succession.

1991, c. 64, a. 682.

683. Relatives beyond the eighth degree do not inherit.

1991, c. 64, a. 683.

CHAPTER V THE SURVIVAL OF THE OBLIGATION TO PROVIDE SUPPORT

684. Every creditor of support may within six months after the death claim a financial contribution from the succession as support.

The right exists even where the creditor is an heir or a legatee by particular title or where the right to support was not exercised before the date of the death, but does not exist in favour of a person unworthy of inheriting from the deceased.

1991, c. 64, a. 684.

685. The contribution is made in the form of a lump sum payable in cash or by instalments.

The contribution made to the creditors of support, with the exception of that made to the former spouse of the deceased who was in fact receiving support at the time of the death, is fixed with the concurrence of the liquidator of the succession acting with the consent of the heirs and legatees by particular title or, failing agreement, by the court.

1991, c. 64, a. 685.

686. In fixing the contribution, the needs and means of the creditor of support, his circumstances and the time he needs to acquire sufficient autonomy or, if he was in fact receiving support from the deceased at the time of the death, the amount of the instalments that had been fixed by the court for the payment of the alimentary support or of the lump sum awarded as support are taken into account.

Account is also taken of the assets of the succession, the benefits derived from the succession by the creditor of support, the needs and means of the heirs and legatees by particular title and, where that is the case, the right to support which may be claimed by other persons.

1991, c. 64, a. 686.

687. Where the contribution is claimed by the spouse or a descendant, the value of the liberalities made by the deceased by act inter vivos during the three years preceding the death and those taking effect at the death are considered to be part of the succession for the fixing of the contribution.

1991, c. 64, a. 687.

688. The contribution granted to the spouse or to a descendant may not exceed the difference between one-half of the share he could have claimed had the entire succession, including the value of the liberalities, devolved according to law, and what he receives from the succession.

The contribution granted to the former spouse is equal to the value of 12 months’ support, and that granted to other creditors of support is equal to the value of six months’ support; however, in neither case may such a contribution, even where the creditor was in fact receiving support from the deceased at the time of the succession, exceed the lesser of the value of 12 or six months’ support and 10% of the value of the succession including, where that is the case, the value of the liberalities.

1991, c. 64, a. 688.

689. Where the assets of the succession are insufficient to make full payment of the contributions due to the spouse or to a descendant, as a result of liberalities made by acts inter vivos during the three years preceding the death or taking effect at the death, the court may order the liberalities reduced.

Liberalities to which the spouse or descendant consented may not be reduced, however, and those he has received shall be debited from his claim.

1991, c. 64, a. 689.

690. Any alienation, security or charge granted by the deceased for a prestation clearly of smaller value than that of the property at the time it was made is presumed to be a liberality.

1991, c. 64, a. 690.

691. Benefits under a retirement plan contemplated in article 415 or under a contract of insurance of persons, where these benefits would have been part of the succession or would have been paid to the creditor had it not been for the designation of a subrogated holder or a beneficiary, by the deceased, during the three years preceding the death, are classed as liberalities. Notwithstanding any provision to the contrary, rights conferred by benefits under any such plan or contract may be transferred or seized for the payment of support due under this chapter.

1991, c. 64, a. 691.

692. The cost of education or maintenance and customary presents are not considered to be liberalities unless, considering the means of the deceased, they are manifestly exaggerated.

1991, c. 64, a. 692.

693. Reduction of the liberalities may operate against only one of the beneficiaries or against several of them simultaneously.

If need be, the court fixes the share that shall be payable by each of the beneficiaries sued or impleaded.

1991, c. 64, a. 693.

694. Payment of the reduction is made, failing agreement between the parties, on the conditions determined by the court and on the terms and conditions of warranty and payment it fixes.

Payment in kind may not be ordered, but the debtor may relieve his debt at any time by handing over the property.

1991, c. 64, a. 694.

695. Property is valued according to its condition at the time of the liberality and its value at the opening of the succession; if property has been alienated, its value at the time of alienation or, in the case of reinvestment, the value of the replacement property on the opening day of the succession is the value considered.

Liberalities in the form of a usufruct, right of use, annuity or income from a trust are counted at their capital value on the opening day of the succession.

1991, c. 64, a. 695.

CHAPTER VI RIGHTS OF THE STATE

696. Where the deceased leaves no spouse or relatives within the degrees of succession, or where all the successors have renounced the succession, or where no successor is known or claims the succession, the State takes of right the property of the succession situated in Québec.

Any testamentary disposition which would render this right nugatory without otherwise providing for the devolution of the property is without effect.

1991, c. 64, a. 696.

697. The State is not an heir, but, once all known successors have renounced the succession, or, where no successor is known or claims the succession, six months after the death, is seised of the property of the deceased in the same manner as an heir.

It is not liable for obligations of the deceased amounting to more than the value of the property it receives.

1991, c. 64, a. 697.

698. Seisin of a succession which falls to the State is vested in the Public Curator.

No property of a succession may be mingled with the property of the State so long as it remains under the administration of the Public Curator.

1991, c. 64, a. 698; 1997, c. 80, s. 46.

699. Subject to the Acts respecting public curatorship and without any other formality, the Public Curator acts as liquidator of the succession. He is bound to make an inventory and give notice of the seisin of the State in the Gazette officielle du Québec; he shall also cause the notice to be published in a newspaper circulated in the locality where the deceased was domiciled.

1991, c. 64, a. 699.

700. At the end of the liquidation, the Public Curator renders an account to the Minister of Finance.

The Public Curator gives and publishes a notice of the end of the liquidation in the same manner as for a notice of seisin of the State. He indicates in the notice the residue of the succession and the time granted to successors to assert their rights of heirship.

1991, c. 64, a. 700.

701. The Public Curator, upon rendering account, transfers to the Minister of Finance the amounts constituting the residue of the succession, which then become the property of the State.

Heirs who establish their quality may, however, within 10 years from the opening of the succession or from the day their right arises, recover those amounts from the Public Curator with interest calculated at the rate prescribed pursuant to the Public Curator Act from the time the amounts were transferred to the Minister of Finance.

1991, c. 64, a. 701; 1997, c. 80, s. 47.

702. An heir who claims the succession before the end of the liquidation takes it in its actual condition, subject to his right to claim damages if the legal formalities have not been followed.

1991, c. 64, a. 702; 1997, c. 80, s. 48.

TITLE FOUR WILLS

CHAPTER I THE NATURE OF WILLS

703. Every person having the required capacity may, by will, provide otherwise than as by law for the devolution upon his death of the whole or part of his property.

1991, c. 64, a. 703.

704. A will is a unilateral and revocable juridical act drawn up in one of the forms provided for by law, by which the testator disposes by liberality of all or part of his property, to take effect only after his death.

In no case may a will be made jointly by two or more persons.

1991, c. 64, a. 704.

705. The act is a will even if it contains only provisions regarding the liquidation of the succession, the revocation of previous testamentary dispositions or the exclusion of an heir.

1991, c. 64, a. 705.

706. No person may, even in a marriage contract, except within the limits provided in article 1841, renounce his right to make a will, to dispose of his property in contemplation of death or to revoke the testamentary dispositions he has made.

1991, c. 64, a. 706.

CHAPTER II THE CAPACITY REQUIRED TO MAKE A WILL

707. The capacity of the testator is considered relatively to the time he made his will.

1991, c. 64, a. 707.

708. A minor may not dispose of any part of his property by will, except articles of little value.

1991, c. 64, a. 708.

709. A will made by a person of full age after he has been placed under tutorship may be confirmed by the court if the nature of its dispositions and the circumstances in which it was drawn up allow it.

1991, c. 64, a. 709.

710. A person of full age under curatorship may not make a will. A person of full age provided with an adviser may make a will without assistance.

1991, c. 64, a. 710.

711. A tutor, curator or adviser may not make a will on behalf of the person whom he represents or assists, either alone or jointly with that person.

1991, c. 64, a. 711.

CHAPTER III FORMS OF WILLS

DIVISION I GENERAL PROVISIONS

712. The only forms of will that may be made are the notarial will, the holograph will and the will made in the presence of witnesses.

1991, c. 64, a. 712.

713. The formalities governing the various kinds of wills shall be observed on pain of nullity.

However, if a will made in one form does not meet the requirements of that form of will, it is valid as a will made in another form if it meets the requirements for validity of that other form.

1991, c. 64, a. 713.

714. A holograph will or a will made in the presence of witnesses that does not meet all the requirements of that form is valid nevertheless if it meets the essential requirements thereof and if it unquestionably and unequivocally contains the last wishes of the deceased.

1991, c. 64, a. 714.

715. No person may cause the validity of his will to be subject to any formality not required by law.

1991, c. 64, a. 715.

DIVISION II NOTARIAL WILLS

716. A notarial will is made before a notary, en minute, in the presence of a witness or, in certain cases, two witnesses.

The date and place of the making of the will shall be noted on the will.

1991, c. 64, a. 716.

717. A notarial will is read by the notary to the testator alone or, if the testator chooses, in the presence of a witness. Once the reading is done, the testator shall declare in the presence of the witness that the act read contains the expression of his last wishes.

The will, after being read, is signed by the testator, the witness or witnesses and the notary, in each other’s presence.

1991, c. 64, a. 717; 1992, c. 57, s. 716.

718. The formalities governing notarial wills are presumed to have been observed even when this is not expressly stated, subject to the Acts respecting notaries.

However, where special formalities are attached to certain wills, the reason for their observance shall be mentioned in the act.

1991, c. 64, a. 718.

719. The notarial will of a testator who cannot sign contains a declaration by him to that effect. This declaration also is read by the notary to the testator in the presence of two witnesses, and it compensates for the absence of the signature of the testator.

1991, c. 64, a. 719.

720. The notarial will of a blind person is read by the notary to the testator in the presence of two witnesses.

In the will, the notary declares that he has read the will in the presence of the witnesses, and this declaration also is read.

1991, c. 64, a. 720.

721. The notarial will of a deaf person or a deaf-mute is read by the testator himself in the presence of the notary alone or, if he chooses, of the notary and a witness. If the testator is only deaf, he reads the will aloud.

In the will, the testator declares that he has read it in the presence of the notary and, where such is the case, the witness.

If the testator is deaf-mute, the declaration is read to him by the notary in the presence of the witness; if he is deaf, it is read aloud by the testator himself, in the presence of the notary and the witness.

1991, c. 64, a. 721.

722. A person unable to express himself aloud who wishes to make a notarial will conveys his wishes to the notary in writing.

1991, c. 64, a. 722.

723. In no case may a notarial will be made before a notary who is the spouse of the testator or is related to him in either the direct or the collateral line up to and including the third degree, or connected with him by marriage.

1991, c. 64, a. 723.

724. The notary before whom a will is made may be designated in the will as the liquidator, provided his discharge of that office is gratuitous.

1991, c. 64, a. 724.

725. A witness called upon to be present at the making of a notarial will shall be named and designated in the will.

Any person of full age may witness a notarial will, except an employee of the attesting notary who is not himself a notary.

1991, c. 64, a. 725.

DIVISION III HOLOGRAPH WILLS

726. A holograph will shall be written entirely by the testator and signed by him without the use of any mechanical process.

It is subject to no other formal requirement.

1991, c. 64, a. 726; 1992, c. 57, s. 716.

DIVISION IV WILLS MADE IN THE PRESENCE OF WITNESSES

727. A will made in the presence of witnesses is written by the testator or by a third person.

After making the will, the testator declares in the presence of two witnesses of full age that the document he is presenting is his will. He need not divulge its contents. He signs it at the end or, if he has already signed it, acknowledges his signature; he may also cause a third person to sign it for him in his presence and according to his instructions.

The witnesses thereupon sign the will in the presence of the testator.

1991, c. 64, a. 727.

728. Where the will is written by a third person or by a mechanical process, the testator and the witnesses initial or sign each page of the act which does not bear their signature.

The absence of initials or a signature on each page does not prevent a will made before a notary that is not valid as a notarial will from being valid as a will made in the presence of witnesses, if the other formalities are observed.

1991, c. 64, a. 728.

729. A person who is unable to read may not make a will in the presence of witnesses, unless the will is read to the testator by one of the witnesses in the presence of the other.

The testator, in the presence of the same witnesses, declares that the document read is his will and signs it at the end or causes a third person to sign it for him in his presence and according to his instructions.

The witnesses thereupon sign the will in the presence of the testator.

1991, c. 64, a. 729.

730. A person who is unable to speak but able to write may make a will in the presence of witnesses, provided he indicates in writing, otherwise than by a mechanical process, in the presence of witnesses, that the writing he is presenting is his will.

1991, c. 64, a. 730.

CHAPTER IV TESTAMENTARY DISPOSITIONS AND LEGATEES

DIVISION I VARIOUS KINDS OF LEGACIES

731. Legacies are of three kinds: universal, by general title and by particular title.

1991, c. 64, a. 731.

732. A universal legacy entitles one or several persons to take the entire succession.

1991, c. 64, a. 732.

733. A legacy by general title entitles one or several persons to take

(1)  the ownership of an aliquot share of the succession;

(2)  a dismemberment of the right of ownership of the whole or of an aliquot share of the succession;

(3)  the ownership or a dismemberment of the right of ownership of the whole or of an aliquot share of all the immovable or movable property, private property, property in a community or acquests, or corporeal or incorporeal property.

1991, c. 64, a. 733.

734. Any legacy which is neither a universal legacy nor a legacy by general title is a legacy by particular title.

1991, c. 64, a. 734.

735. The exception of particular items of property, whatever their number or value, does not destroy the character of a universal legacy or of a legacy by general title.

1991, c. 64, a. 735.

736. Property left by the testator for which he made no disposition or respecting which the dispositions of his will are without effect remains in his intestate succession and devolves according to the rules governing legal devolution of successions.

1991, c. 64, a. 736.

737. Testamentary dispositions made in the form of an appointment of heir, a gift or a legacy, or in other terms indicating the intentions of the testator, take effect according to the rules laid down in this Book with regard to universal legacies, legacies by general title or legacies by particular title.

Sufficient expression by the testator of a different intention takes precedence over the rules referred to in the first paragraph and the meaning ascribed to certain terms.

1991, c. 64, a. 737.

DIVISION II LEGATEES

738. A universal legatee or legatee by general title is the heir upon the opening of the succession, provided he accepts the legacy.

1991, c. 64, a. 738.

739. A legatee by particular title who accepts the legacy is not an heir, but is seised as an heir of the property of the legacy by the death of the deceased or by the event giving effect to his legacy.

He is not liable for the debts of the deceased on the property of the legacy unless the other property of the succession is insufficient to pay the debts, in which case he is liable only up to the value of the property he takes.

1991, c. 64, a. 739.

740. In order to receive his legacy, the legatee by particular title is required to have the same qualities as for succession.

He may be unworthy to receive on the same grounds as for succession; like a successor, he may apply to the court to declare an heir or a colegatee by particular title unworthy.

1991, c. 64, a. 740.

741. Like a successor, a legatee by particular title has the right to deliberate and exercise his option in respect of the legacy made to him, with the same effects and according to the same rules.

1991, c. 64, a. 741.

742. The provisions respecting the petition of inheritance and its effects on the transmission of the succession are also applicable, adapted as required, to a legatee by particular title.

In all other respects, the legatee by particular title is subject to the provisions of this Book respecting legatees.

1991, c. 64, a. 742.

DIVISION III THE EFFECT OF LEGACIES

743. Fruits and revenues from the property bequeathed accrue to the legatee from the opening of the succession or the time when the disposition takes effect in his favour.

1991, c. 64, a. 743.

744. Bequeathed property is delivered, with its dependencies, in the condition it was in when the testator died.

This rule also applies to the rights attached to bequeathed securities, if they have not yet been exercised.

1991, c. 64, a. 744.

745. Where immovable property is bequeathed, any dependent or annexed immovable property acquired by the testator after signing the will is presumed to be included in the legacy, provided the property forms a unit with the immovable bequeathed.

1991, c. 64, a. 745.

746. The bequest of an enterprise is presumed to include the operations acquired or created after the signing of the will which, at the time of death, make up an economic unit with the bequeathed enterprise.

1991, c. 64, a. 746.

747. Where the payment of a legacy is subject to a term, the legatee nevertheless has an acquired right from the death of the testator which is transmissible to his own heirs or legatees by particular title.

The right of the legatee to a legacy made under a condition is also transmissible unless the condition is of a purely personal nature.

1991, c. 64, a. 747.

748. A legacy to a creditor is not presumed to have been made as compensation for his claim.

1991, c. 64, a. 748.

749. Where, in testamentary successions, the legacy is made to all the descendants or collaterals of the testator who would have been called to his succession had he died intestate, representation takes place in the same manner and in favour of the same persons as in intestate successions, unless it is excluded by the testator, expressly or by the effect of the dispositions of the will.

There is no representation in the matter of legacies by particular title, however, unless the testator has so provided.

1991, c. 64, a. 749.

DIVISION IV LAPSE AND NULLITY OF LEGACIES

750. A legacy lapses when the legatee does not survive the testator, except where there may be representation.

A legacy also lapses where the legatee refuses it, is unworthy to receive it or, again, where he dies before the fulfilment of the suspensive condition attached to it, if the condition is of a purely personal nature.

1991, c. 64, a. 750.

751. A legacy also lapses if the bequeathed property perished totally during the lifetime of the testator or before the opening of a legacy made under a suspensive condition.

If the loss of the property occurs at the death of the testator, at the opening of the bequest or subsequently, the insurance indemnity is substituted for the property that perished.

1991, c. 64, a. 751.

752. Where a legacy charged with another legacy lapses from a cause depending on the legatee, the legacy imposed as a charge also lapses, unless the heir or legatee called to take what was the object of the lapsed legacy is able to execute the charge.

1991, c. 64, a. 752.

753. A legacy made to the liquidator as remuneration lapses if he does not accept the office.

This is also the case where a legacy is made to remunerate the person appointed by the testator as tutor to a minor child or designated by him to act as the administrator of the property of others.

1991, c. 64, a. 753.

754. A remunerative legacy ceases to have effect where the liquidator, tutor or administrator of the property of others designated by the testator ceases to hold office as such; he has in this case a right to remuneration proportionate to the value of the legacy and the time for which he held office.

1991, c. 64, a. 754.

755. Accretion takes place in favour of the legatees by particular title where property is bequeathed to them jointly and a lapse occurs with regard to one of them.

1991, c. 64, a. 755.

756. A legacy by particular title is presumed to be made jointly if it is made by one and the same disposition and if the testator has not allotted the share of each colegatee in the bequeathed property or has allotted the colegatees equal aliquot shares.

It is also presumed to be made jointly when the entire property is bequeathed by the same act to several persons separately.

1991, c. 64, a. 756.

757. A condition that is impossible or that is contrary to public order is deemed unwritten.

Thus, a clause limiting the rights of the surviving spouse in the event of remarriage is deemed unwritten.

1991, c. 64, a. 757; 1992, c. 57, s. 716.

758. A penal clause intended to prevent an heir or a legatee by particular title from contesting the validity of the will or any part of it is deemed unwritten.

An exheredation taking the form of a penal clause intended for the same purpose is also deemed unwritten.

1991, c. 64, a. 758.

759. A legacy made to the notary who receives a will or to the spouse of the notary or to a relative in the first degree of the notary is null; this does not affect the other dispositions of the will.

1991, c. 64, a. 759.

760. A legacy made to a witness, even a supernumerary, is null, but this does not affect the other dispositions of the will.

The same is true of that part of the legacy made to the liquidator or to another administrator of property of others designated in the will which exceeds his remuneration, if he acts as a witness.

1991, c. 64, a. 760.

761. A legacy made to the owner, a director or an employee of a health or social services establishment who is neither the spouse nor a close relative of the testator is null if it was made while the testator was receiving care or services from the establishment.

A legacy made to a member of a foster family while the testator was residing with that family is also null.

1991, c. 64, a. 761.

762. A legacy of property of another is null, unless it appears that the intention of the testator was to oblige the heir to obtain the bequeathed property for the legatee by particular title.

1991, c. 64, a. 762.

CHAPTER V REVOCATION OF WILLS AND LEGACIES

763. Revocation of a will or of a legacy is express or tacit.

1991, c. 64, a. 763.

764. A legacy made to the spouse before divorce is revoked unless the testator manifested, by means of testamentary dispositions, the intention of benefitting the spouse despite that possibility.

Revocation of the legacy entails revocation of the designation of the spouse as liquidator of the succession.

The same rules apply if the marriage is declared null during the lifetime of the spouses.

1991, c. 64, a. 764.

765. Express revocation is made by a subsequent will explicitly declaring the change of intention.

A revocation that does not specifically refer to the revoked act is nonetheless express.

1991, c. 64, a. 765.

766. A will that revokes another will may be made in a different form from that of the revoked will.

1991, c. 64, a. 766.

767. The destruction, tearing or erasure of a holograph will or of a will made in the presence of witnesses entails revocation if it is established that this was done deliberately by the testator or on his instructions. Similarly, the erasure of any disposition of a will entails revocation of the legacy made by that disposition.

Revocation is entailed also where the testator was aware of the destruction or loss of the will and could have replaced it.

1991, c. 64, a. 767.

768. A subsequent testamentary disposition similarly entails tacit revocation of a previous disposition to the extent that they are inconsistent.

The revocation retains its full effect even if the subsequent disposition lapses.

1991, c. 64, a. 768.

769. Alienation of bequeathed property, even when forced or made under a resolutive condition or by exchange, also entails revocation with regard to everything that has been alienated, unless the testator provided otherwise.

Revocation subsists even if the alienated property has returned into the patrimony of the testator, unless a contrary intention is proved.

If the forced alienation of the bequeathed property is annulled, it does not entail revocation.

1991, c. 64, a. 769.

770. Revocation of a previous express or tacit revocation does not revive the original disposition, unless the testator manifested a contrary intention or unless such intention is apparent from the circumstances.

1991, c. 64, a. 770.

771. If, owing to circumstances unforeseeable at the time of the acceptance of the legacy, the execution of a charge becomes impossible or too burdensome for the heir or the legatee by particular title, the court, after hearing the interested persons, may revoke it or change it, taking account of the value of the legacy, the intention of the testator and the circumstances.

1991, c. 64, a. 771.

CHAPTER VI PROOF AND PROBATE OF WILLS

772. A holograph will or a will made in the presence of witnesses is probated, on the demand of any interested person, in the manner prescribed in the Code of Civil Procedure (chapter C-25).

The known heirs and successors shall be summoned to the probate of the will unless an exemption is granted by the court.

1991, c. 64, a. 772.

773. No person having acknowledged a will may thereafter contest its validity, although he may bring a demand to probate it.

In the case of contestation of an already probated will, the burden is on the person who avails himself of the will to prove its origin and regularity.

1991, c. 64, a. 773.

774. A will that is not produced may not be probated; it shall be reconstituted upon an action in which the heirs, the other successors and the legatees by particular title have been summoned and unless the proof of its contents, origin and regularity is conclusive and unequivocal.

1991, c. 64, a. 774.

775. Proof by testimony of a will that cannot be produced is admissible if the will has been lost or destroyed, or is in the possession of a third person, without the collusion of the person who wishes to avail himself of the will.

1991, c. 64, a. 775.

TITLE FIVE LIQUIDATION OF SUCCESSIONS

CHAPTER I OBJECT OF LIQUIDATION AND SEPARATION OF PATRIMONIES

776. The liquidation of an intestate or testate succession consists in identifying and calling in the successors, determining the content of the succession, recovering the claims, paying the debts of the succession, whether these be debts of the deceased, charges on the succession or debts of support, paying the legacies by particular title, rendering an account and delivering the property.

1991, c. 64, a. 776.

777. The liquidator has, from the opening of the succession and for the time necessary for liquidation, the seisin of the heirs and the legatees by particular title.

The liquidator may even claim the property against the heirs and the legatees by particular title.

The designation or replacement of the liquidator of the succession is published in the register of personal and movable real rights and, where applicable, in the land register. Registration of the act of designation or replacement is obtained by presenting a notice which refers to the act of designation or replacement, identifies the deceased and the liquidator and contains the description of the immovables concerned, if any.

1991, c. 64, a. 777.

778. The testator may modify the seisin, powers and obligations of the liquidator and provide in any other manner for the liquidation of his succession or the execution of his will. However, a clause that would in effect restrict the powers or obligations of the liquidator in such a manner as to prevent an act necessary for liquidation or to exempt him from making an inventory is null.

1991, c. 64, a. 778.

779. Where the succession is manifestly solvent, the heirs may, by mutual agreement, liquidate it without following the prescribed rules for liquidation. As a result of this decision, they are liable for payment of the debts of the succession from their own patrimony, even where the debts are of greater value than the property they take.

1991, c. 64, a. 779.

780. The patrimony of the deceased is separate from that of the heir by operation of law until the succession has been liquidated.

This separation operates in respect of both the creditors of the succession and the creditors of the heir or the legatee by particular title.

1991, c. 64, a. 780.

781. The property of the succession is used to pay the creditors of the succession and to pay the legatees by particular title, in preference to any creditor of the heir.

1991, c. 64, a. 781.

782. The property of the heir is used to pay the debts of the succession only in the case where the heir is liable for debts of greater value than the property he takes and the property of the succession is insufficient.

In that case, payment of the creditor of the succession comes only after payment of the creditor of each heir whose claim arose before the opening of the succession. However, a creditor of the heir whose claim has arisen since the opening of the succession is paid concurrently with the unpaid creditors of the succession.

1991, c. 64, a. 782.

CHAPTER II LIQUIDATOR OF THE SUCCESSION

DIVISION I DESIGNATION AND RESPONSIBILITIES OF THE LIQUIDATOR

783. Any person fully capable of exercising his civil rights may hold the office of liquidator.

A legal person authorized by law to administer the property of others may hold the office of liquidator.

1991, c. 64, a. 783.

784. No person is bound to accept the office of liquidator of a succession unless he is the sole heir.

1991, c. 64, a. 784.

785. The office of liquidator devolves of right to the heirs unless otherwise provided by a testamentary disposition; the heirs, by majority vote, may designate the liquidator and provide the mode of his replacement.

1991, c. 64, a. 785.

786. A testator may designate one or several liquidators; he may also provide the mode of their replacement.

A person designated by a testator to liquidate the succession or execute his will has the quality of liquidator whether he was designated as administrator of the succession, testamentary executor or otherwise.

1991, c. 64, a. 786.

787. Persons holding the office of liquidator together shall act in concert, unless exempted therefrom by the will or, in the absence of a testamentary disposition, by the heirs.

If one of the liquidators is prevented from acting, the others may perform alone acts of a conservatory nature and acts requiring dispatch.

1991, c. 64, a. 787.

788. The court may, on the application of an interested person, designate or replace a liquidator failing agreement among the heirs or if it is impossible to appoint or replace the liquidator.

1991, c. 64, a. 788.

789. The liquidator is entitled to the reimbursement of the expenses incurred in fulfilling his office.

He is entitled to remuneration if he is not an heir; if he is an heir, he may be remunerated if the will so provides or the heirs so agree.

If the remuneration was not fixed by the testator, it is fixed by the heirs or, in case of disagreement among the interested persons, by the court.

1991, c. 64, a. 789.

790. The liquidator is not bound to take out insurance or to furnish other security guaranteeing the performance of his obligations, unless the testator or the majority of the heirs demand it or the court orders it on the application of any interested person who establishes the need for such a measure.

If a liquidator required to furnish security fails or refuses to do so, he forfeits his office, unless exempted by the court.

1991, c. 64, a. 790.

791. Any interested person may apply to the court for the replacement of a liquidator who is unable to assume his responsibilities of office, who neglects his duties or who does not fulfil his obligations.

During the proceedings, the liquidator continues to hold office unless the court decides to designate an acting liquidator.

1991, c. 64, a. 791.

792. Where the liquidator is not designated, delays to accept or decline the office or is to be replaced, any interested person may apply to the court to have seals affixed, an inventory made, an acting liquidator appointed or any other order rendered which is necessary to preserve his rights. These measures benefit all the interested persons but create no preference among them.

The costs of inventory and seals are chargeable to the succession.

1991, c. 64, a. 792.

793. Acts performed by a person who, in good faith, believed he was liquidator of the succession are valid and may be set up against all persons.

1991, c. 64, a. 793.

DIVISION II INVENTORY OF THE PROPERTY

794. The liquidator is bound to make an inventory, in the manner prescribed in the Title on Administration of the Property of Others.

1991, c. 64, a. 794.

795. Closure of the inventory is published in the register of personal and movable real rights by registration of a notice identifying the deceased and indicating the place where the inventory may be consulted by interested persons.

The notice is also published in a newspaper circulated in the locality where the deceased had his last known address.

1991, c. 64, a. 795.

796. The liquidator informs the heirs, the successors who have not yet exercised their option, the legatees by particular title and the known creditors of the registration of the notice of closure and of the place where the inventory may be consulted, and transmits a copy of the inventory to them if that can easily be done.

1991, c. 64, a. 796.

797. The creditors of the succession, the heirs, the successors and the particular legatees may contest the inventory or any item in it; they may also concur on the revision of the inventory or apply for the making of a new inventory.

1991, c. 64, a. 797.

798. Where an inventory has already been made by an heir or another interested person, the liquidator shall verify it. He shall also ascertain that the notice of closure has been registered and that everyone who should be informed has been informed.

1991, c. 64, a. 798.

799. The liquidator may be exempted from making an inventory, but only with the consent of all the heirs and successors.

If they give their consent, the heirs, and the successors having by that fact become heirs, are liable for the debts of the succession beyond the value of the property they take.

1991, c. 64, a. 799.

800. Where the heirs, knowing that the liquidator refuses or is neglecting to make the inventory, themselves neglect, for 60 days following the expiration of the six month period for deliberation, either to proceed to the inventory or to apply to the court to replace the liquidator or to enjoin him to proceed to the inventory, they are liable for the debts of the succession beyond the value of the property they take.

1991, c. 64, a. 800.

801. Heirs who, before the inventory, mingle the property of the succession with their personal property, unless the property was already mingled before the death, such as in the case of cohabitation, are likewise liable for the debts of the succession beyond the value of the property they take.

If the mingling is done after the inventory but before the end of the liquidation, they are personally liable for the debts up to the value of the mingled property.

1991, c. 64, a. 801.

DIVISION III FUNCTIONS OF THE LIQUIDATOR

802. The liquidator acts in respect of the property of the succession as an administrator of the property of others charged with simple administration.

1991, c. 64, a. 802.

803. The liquidator shall make a search to ascertain whether the deceased made a will.

If the deceased made a will, the liquidator causes the will to be probated and takes all the necessary steps for its execution.

1991, c. 64, a. 803.

804. The liquidator administers the succession. He shall realize the property of the succession to the extent necessary to pay the debts and the legacies by particular title.

To do this, he may alienate, alone, movable property that is perishable, likely to depreciate rapidly or expensive to preserve. He may also alienate the other property of the succession with the consent of the heirs or, failing that, the authorization of the court.

1991, c. 64, a. 804.

805. A liquidator who has an action to bring against the succession gives notice thereof to the Public Curator. The latter acts by virtue of his office as liquidator ad hoc, unless the heirs or the court designate another person.

1991, c. 64, a. 805.

806. If the liquidation takes longer than one year, the liquidator shall, at the end of the first year, and at least once a year thereafter, render an annual account of management to the heirs, creditors and legatees by particular title who have not been paid.

1991, c. 64, a. 806.

807. Where the succession is manifestly solvent, the liquidator, after ascertaining that all the creditors and legatees by particular title can be paid, may pay advances to the creditors of support and to the heirs and legatees by particular title of sums of money. The advances are deducted from the shares of those who receive them.

1991, c. 64, a. 807.

CHAPTER III PAYMENT OF DEBTS AND OF LEGACIES BY PARTICULAR TITLE

DIVISION I PAYMENTS BY THE LIQUIDATOR

808. If the property of the succession is sufficient to pay all the creditors and all the legatees by particular title and if provision is made to pay the claims that are the subject of proceedings, the liquidator pays the known creditors and known legatees by particular title as and when they present themselves.

The liquidator pays the ordinary public utility bills and pays the outstanding debts as and when they become due or according to the agreed terms and conditions.

1991, c. 64, a. 808.

809. The liquidator pays, in the same manner as any other debt of the succession, the compensatory allowance to the surviving spouse and any other debt resulting from the liquidation of the patrimonial rights of the spouses, as agreed between the heirs, the legatees by particular title and the spouse or, failing such agreement, as determined by the court.

1991, c. 64, a. 809.

810. Where the succession is not manifestly solvent, the liquidator may not pay the debts of the succession or the legacies by particular title until the expiry of 60 days from registration of the notice of closure of inventory or from the exemption from making an inventory.

The liquidator may pay the ordinary public utility bills and the debts in urgent need of payment before the expiry of that time, however, if circumstances require it.

1991, c. 64, a. 810.

811. If the property of the succession is insufficient, the liquidator may not pay any debt or any legacy by particular title before drawing up a full statement thereof, giving notice thereof to the interested persons and obtaining homologation by the court of a payment proposal which contains a provision for a reserve for the payment of any future judgment.

1991, c. 64, a. 811.

812. Where the property of the succession is insufficient, the liquidator, in accordance with his payment proposal, first pays the preferred or hypothecary creditors, according to their rank; next, he pays the other creditors, except with regard to their claims for support, and, if he is unable to repay them fully, he pays them pro rata to their claims.

If property remains after the creditors have been paid, the liquidator pays the creditors of support, pro rata to their claims if he is unable to pay them fully, and he then pays the legatees by particular title.

1991, c. 64, a. 812.

813. The liquidator may alienate property bequeathed as legacies by particular title or reduce the legacies by particular title if the other property of the succession is insufficient to pay all the debts.

The alienation or reduction is effected in the order and in the proportions agreed by the legatees. Failing agreement, the liquidator first reduces the legacies not having preference under the will nor involving determined things, pro rata to their value. Where the property is still insufficient, he alienates the objects of legacies of determined things, then the objects of legacies having preference, or reduces such legacies pro rata to their value.

The legatees may always agree to another mode of settlement or be relieved by giving back their legacies or equivalent value.

1991, c. 64, a. 813.

814. If the property of the succession is insufficient to pay all the legatees by particular title, the liquidator, in accordance with his payment proposal, first pays those having preference under the will and then the legatees of an individual property. The other legatees then incur the reduction of their legacies pro rata, and the remainder is partitioned among them pro rata to the value of each legacy.

1991, c. 64, a. 814.

DIVISION II ACTION OF CREDITORS AND LEGATEES BY PARTICULAR TITLE

815. Known creditors and legatees by particular title who have been neglected in the payments made by the liquidator have, apart from their action in damages against the liquidator, an action against the heirs who have received advances and against the legatees by particular title paid to their detriment.

The creditors also have a subsidiary action against the other creditors in proportion to their claims, taking account of causes of preference.

1991, c. 64, a. 815.

816. Creditors and legatees by particular title who, remaining unknown, do not present themselves until after the payments have been regularly made have no action against the heirs who have received advances and against the legatees by particular title paid to their detriment unless they prove that they had a serious reason for not presenting themselves in due time.

In no case do they have an action if they present themselves after the expiry of three years from the discharge of the liquidator, or any preference over the personal creditors of the heirs or legatees.

1991, c. 64, a. 816.

817. Where the reserve provided for in a payment proposal is insufficient, the creditor has, for the payment of his share of the outstanding claim, an action against the heirs who have received advances and legatees by particular title up to the amount they received and a subsidiary action against the other creditors, in proportion to their claims, taking account of causes of preference.

1991, c. 64, a. 817.

818. A hypothecary creditor having an outstanding claim preserves, in addition to his personal action, his hypothecary rights against the person who received the hypothecated property.

1991, c. 64, a. 818.

CHAPTER IV END OF LIQUIDATION

DIVISION I ACCOUNT OF THE LIQUIDATOR

819. Liquidation is complete when the known creditors and the known legatees by particular title have been paid or when payment of their claims and legacies is otherwise settled or assumed by heirs or legatees by particular title. It is also complete when the assets are exhausted.

It ends on the discharge of the liquidator.

1991, c. 64, a. 819.

820. The object of the final account of the liquidator is to determine the net assets or the deficit of the succession.

The final account indicates the debts and legacies left unpaid, those guaranteed by security or assumed by heirs or legatees by particular title and those whose payment is settled otherwise, specifying the mode of payment for each. Where applicable, it establishes the reserves needed for the satisfaction of future judgments.

The liquidator shall append a proposal for partition to his account if that is required by the will or the majority of the heirs.

1991, c. 64, a. 820.

821. The liquidator, at any time and with the concurrence of all the heirs, may render an amicable account without judicial formalities. The cost of rendering the account is borne by the succession.

If an amicable account cannot be rendered, the account is rendered in court.

1991, c. 64, a. 821.

822. After acceptance of the final account, the liquidator is discharged of his administration and makes delivery of the property to the heirs.

Closure of the account is published in the register of personal and movable real rights by registration of a notice identifying the deceased and indicating the place where interested persons may consult the account.

1991, c. 64, a. 822.

DIVISION II OBLIGATIONS OF HEIRS AND LEGATEES BY PARTICULAR TITLE AFTER LIQUIDATION

823. The sole heir to a succession is liable, up to the value of the property he takes, for all the debts not paid by the liquidator. However, the creditors and legatees by particular title who do not present themselves until after the payments have been regularly made have no preference over the personal creditors of the heir.

Where a succession devolves to several heirs, each of them is liable for the debts only in proportion to the share he receives as an heir, subject to the rules governing indivisible debts.

1991, c. 64, a. 823.

824. The legatee by general title of a usufruct is solely liable to the creditors for the debts left unpaid by the liquidator, even for the capital, proportionately to what he receives, and also for hypothecs charged on any property he has received.

The relative contributions of the legatee by general title of the usufruct and of the bare owner to the debts are established according to the rules prescribed in the Book on Property.

1991, c. 64, a. 824.

825. The legatee by general title of a usufruct of the entire succession is, without recourse against the bare owner, liable for payment of any annuities or support established by the testator.

1991, c. 64, a. 825.

826. The heirs are liable, as in the case of payment of the debts, for payment of the legacies by particular title left unpaid by the liquidator, but never for more than the value of the property they take.

If a legacy is imposed on a specific heir, however, the action of the legatee by particular title does not lie against the others.

1991, c. 64, a. 826.

827. The legatees by particular title are liable for payment of the debts and legacies left unpaid by the liquidator only where the property falling to the heirs is insufficient.

Where a legacy by particular title is made jointly to several legatees, each of them is liable for the debts and legacies only in proportion to his share in the bequeathed property, subject to the rules on indivisible debts.

1991, c. 64, a. 827.

828. When a legacy by particular title includes a universality of assets and liabilities, the legatee is solely liable for payment of the debts connected with the universality, subject to the subsidiary action of the creditors against the heirs and the other legatees by particular title where the property of the universality is insufficient.

1991, c. 64, a. 828.

829. An heir or a legatee by particular title who has paid part of the debts and legacies in excess of his share has an action against his coheirs or colegatees for the reimbursement of the excess over his share. His action lies, however, only for the share that each of them ought to have paid individually, even if he is subrogated to the rights of the person who was paid.

1991, c. 64, a. 829.

830. If one of the coheirs or colegatees is insolvent, his share in the payment of the debts or in the reduction of the legacies is divided among his coheirs or colegatees in proportion to their respective shares, unless one of the coheirs or colegatees agrees to bear the entire amount.

1991, c. 64, a. 830.

831. A usufruct established on bequeathed property is borne without recourse by the legatee of the bare ownership.

Similarly, a servitude is borne without recourse by the legatee of the property charged with it.

1991, c. 64, a. 831.

832. Where the rights of action of the unpaid creditors or legatees by particular title are exercised before partition, account shall be taken, in the composition of the shares, of the actions of the heirs or legatees against their coheirs or colegatees for the amounts they paid in excess of their shares.

Where the rights of action of the unpaid creditors or legatees are exercised after partition, those of the heirs or legatees who paid more than their share are exercised, where such is the case, according to the rules applicable to the warranty of co-partitioners, unless the act of partition stipulates otherwise.

1991, c. 64, a. 832.

833. The testator may change the manner and proportion in which the law holds his heirs and legatees by particular title liable for payment of the debt and imposes reduction of the legacies on them.

The changes may not be set up against the creditors; they operate only between the heirs and the legatees by particular title.

1991, c. 64, a. 833.

834. An heir having assumed payment of the debts of the succession beyond the value of the property he takes or being liable for them may be held liable on his personal property for his share of the debts left unpaid.

1991, c. 64, a. 834.

835. An heir having assumed payment of the debts of the succession or being liable for them under the rules of this title may, if he was in good faith, move that the court reduce his liability or limit it to the value of the property he has taken if new circumstances substantially change the extent of his liability, including, but not limited to, his discovery of new facts, or the coming forward of a creditor of whose existence he could not have been aware when he assumed the liability.

1991, c. 64, a. 835.

TITLE SIX PARTITION OF SUCCESSIONS

CHAPTER I RIGHT TO PARTITION

836. Partition may not take place or be applied for before the liquidation is terminated.

1991, c. 64, a. 836.

837. The testator, for a serious and legitimate reason, may order partition wholly or partly deferred for a limited time. He may also order it deferred if, to carry out his intentions fully, it is necessary that the powers and obligations of the liquidator continue to be held under another title.

1991, c. 64, a. 837.

838. If all the heirs agree, partition is made in accordance with the proposal appended to the final account of the liquidator; otherwise, partition is made as they see best.

If the heirs disagree, partition may not take place except under the conditions laid down in Chapter II and in the forms required by the Code of Civil Procedure (chapter C-25).

1991, c. 64, a. 838.

839. Notwithstanding an application for partition, undivided ownership may be continued of a family enterprise that had been operated by the deceased, or of the stocks, shares or other securities connected with the enterprise where the deceased was the principal partner or shareholder.

1991, c. 64, a. 839.

840. Undivided ownership may also be continued of the family residence or of movable property serving for the use of the household, even where a right of ownership, usufruct or use is awarded to the surviving spouse.

1991, c. 64, a. 840.

841. An heir who before the death actively participated in the operation of the enterprise or lived in the family residence may make an application to the court for the continuance of undivided ownership.

1991, c. 64, a. 841.

842. When adjudicating upon an application for the continuance of undivided ownership, the court takes into account the testamentary dispositions, as well as the existing interests and means of livelihood which the family and the heirs draw from the undivided property; in all cases, the agreements among the partners or shareholders to which the deceased was a party are respected.

1991, c. 64, a. 842.

843. On the application of an heir, the court may, to avoid a loss, stay the immediate partition of the whole or part of the property and continue the undivided ownership of it.

1991, c. 64, a. 843.

844. Continuance of undivided ownership takes place upon the conditions fixed by the court but may not be granted for a duration of more than five years except with the agreement of all the interested persons.

It may be renewed until the death of the spouse or until the majority of the youngest child of the deceased.

1991, c. 64, a. 844.

845. The court may order partition where the causes that justified the continuance of undivided ownership have ceased or where undivided ownership has become intolerable or presents too great a risk for the heirs.

1991, c. 64, a. 845.

846. If an application for the continuance of undivided ownership contemplates a particular item of property or a group of properties, nothing prevents proceeding to partition of the residue of the property of the succession. Furthermore, the heirs may always satisfy an heir who objects to the continuance of undivided ownership by paying his share themselves or granting him, after evaluation, other property of the succession.

1991, c. 64, a. 846.

847. A person entitled to enjoyment of only a share of the undivided property has no right to participate in a partition, except a provisional partition.

1991, c. 64, a. 847.

848. Every heir may exclude from the partition a person who is not an heir but to whom another heir transferred his right in the succession, by paying him the value of the right at the time of the redemption and his disbursements for costs related to the transfer.

1991, c. 64, a. 848.

CHAPTER II MODES OF PARTITION

DIVISION I COMPOSITION OF SHARES

849. Partition may include all or only part of the undivided property.

Partition of an immovable is deemed to have been carried out even if parts remain which are common and indivisible or which are intended to remain undivided.

1991, c. 64, a. 849.

850. If the undivided shares are equal, as many shares are composed as there are heirs or partitioning roots.

If the undivided shares are unequal, as many shares are composed as necessary to allow a drawing of lots.

1991, c. 64, a. 850.

851. In composing the shares, account shall be taken of the testamentary dispositions, particularly those charging certain heirs with payment of debts or legacies, as well as the rights of action the heirs have against each other for the amounts they paid in excess of their shares; account shall also be taken of the rights of the surviving spouse, the applications for allotment by preference, the contestations and, where such is the case, the reserve funds for satisfying future judgments.

Consideration may also be given to, among other things, the fiscal consequences of the allotments, the intention shown by certain heirs to take charge of certain debts or the convenience of the mode of allotment.

1991, c. 64, a. 851.

852. In composing the shares, immovables should not be broken up, nor should enterprises be divided.

So far as the breaking up of immovables and the division of enterprises can be avoided, each share shall, as far as possible, be composed of movable or immovable property and rights or claims of equivalent value.

Any inequality in the value of the shares is compensated by a payment in money.

1991, c. 64, a. 852.

853. Undivided owners making an amicable partition compose the shares as they see fit and reach a consensus on their allotment or on a drawing of lots for them.

If they consider it necessary to sell the property to be partitioned or some of it, they also reach a consensus on the terms and conditions of sale.

1991, c. 64, a. 853.

854. If the undivided owners fail to agree on the composition of the shares, these are composed by an expert designated by the court; if the disagreement has to do with the allotment of the shares, it is made by a drawing of lots.

Before the drawing, each undivided owner may contest the composition of the shares.

1991, c. 64, a. 854.

DIVISION II PREFERENTIAL ALLOTMENTS AND CONTESTATION

855. Each heir receives his share of the property of the succession in kind, and may apply for the allotment of a particular thing or share by way of preference.

1991, c. 64, a. 855.

856. The surviving spouse may, in preference to any other heir, require that the family residence or the rights conferring use of it, together with the movable property serving for the use of the household, be placed in his share.

If the value of the property exceeds the share due to the spouse, he keeps the property, subject to a payment in money as compensation.

1991, c. 64, a. 856.

857. Subject to the rights of the surviving spouse, if several heirs apply for the allotment, by preference, of the immovable that served as the residence of the deceased, the person who was living in it has preference over the others.

1991, c. 64, a. 857.

858. Notwithstanding any objection or application for an allotment by preference presented by another co-partitioner, the enterprise or the capital shares, stocks or other securities connected with the enterprise are allotted by preference to the heir who was actively participating in the operation of the enterprise at the time of the death.

1991, c. 64, a. 858.

859. If several heirs exercise the same right of preference or an application for an allotment is disputed, the contestation is settled by a drawing of lots or, if it concerns the allotment of the residence, the enterprise or the securities connected with the enterprise, by the court. In this case, account is taken of, among other things, the interests involved, the reasons for the preference of each party or the degree of his participation in the enterprise or in the upkeep of the residence.

1991, c. 64, a. 859.

860. Where the contestation among the co-partitioners is over the determination or payment of an amount of money as compensation, the court determines it and may, if necessary, fix the appropriate terms and conditions of guarantee and payment in the circumstances.

1991, c. 64, a. 860.

861. The property is appraised according to its condition and value at the time of partition.

1991, c. 64, a. 861.

862. If certain property cannot be conveniently partitioned or allotted, the interested persons may decide to sell it.

1991, c. 64, a. 862.

863. If the interested persons cannot agree, the court may, where applicable, designate experts to evaluate the property, order the sale of the property that cannot conveniently be partitioned or allotted and fix the terms and conditions of sale; or it may order a stay of partition for the time it indicates.

1991, c. 64, a. 863.

864. In order that the partition not be made in fraud of their rights, the creditors of the succession, and those of an heir, may be present at the partition and intervene at their own expense.

1991, c. 64, a. 864.

DIVISION III DELIVERY OF TITLES

865. After partition, the titles common to the entire inheritance or to a part of it are delivered to the person chosen by the heirs to act as depositary, on the condition that he assist the co-partitioners in this matter at their request. Failing agreement on the choice, it is made by a drawing of lots.

1991, c. 64, a. 865.

866. At partition, any heir may apply for and obtain a copy of the titles to property in which he has rights. The costs so incurred are shared.

1991, c. 64, a. 866.

CHAPTER III RETURN

DIVISION I RETURN OF GIFTS AND LEGACIES

867. With a view to partition, each coheir is bound to return to the mass only what he has received from the deceased by gift or by will under an express obligation to return it.

A successor who renounces the succession is under no obligation to make any return.

1991, c. 64, a. 867.

868. A person who represents another in the succession is bound to return what the person represented would have had to return, in addition to what he is bound to return in his own right.

A return is due even if the person who represents the other has renounced the succession of the person represented.

1991, c. 64, a. 868.

869. A return is made only to the succession of the donor or of the testator.

It is due only from one coheir to another and is not due to the legatees by particular title or to the creditors of the succession.

1991, c. 64, a. 869.

870. A return is made by taking less.

Any provision requiring the heir to make a return in kind is null. However, the heir may elect to make the return in kind if he still owns the property, unless he has charged it with a usufruct, servitude, hypothec or other real right.

1991, c. 64, a. 870.

871. Each coheir to whom a return by taking less is due pre-takes from the mass of the succession property equal in value to the amount of the return.

As far as possible, pre-takings are made in property of the same kind and quality as the property due to be returned.

If it is impossible to pre-take in the manner described, the heir returning may either pay the cash value of the property received or allow each coheir to pre-take other equivalent property from the mass.

1991, c. 64, a. 871.

872. A return by taking less may also be made by debiting the cash value of the property received to the share of the heir.

1991, c. 64, a. 872.

873. Unless otherwise provided in the gift or will, property returned by taking less is valued at the time of partition if it is still in the hands of the heir, or on the date of alienation if it was alienated before partition.

Bequeathed property, and that which remains in the succession, is valued according to its condition and value at the time of partition.

1991, c. 64, a. 873.

874. The value of property returned by taking less or in kind shall be reduced by the increase in value of the property resulting from the expenditures or personal initiative of the person returning it.

It is also reduced by the amount of the necessary disbursements.

Conversely, the value is increased by the decrease in value resulting from the actions of the person making the return.

1991, c. 64, a. 874.

875. The heir is entitled to retain the property due to be returned in kind until he has been reimbursed the amounts he is owed.

1991, c. 64, a. 875.

876. An heir is bound to return property whose loss results from his acts or omissions; he is not bound to do so if the loss results from a superior force.

In either case, he shall return any indemnity paid to him for the loss of the property.

1991, c. 64, a. 876.

877. The co-partitioners may agree that property affected by a hypothec or other real right be returned in kind; the return is then made without prejudice to the holder of the right. The obligation resulting therefrom is, in the partition of the succession, charged against the person who makes the return.

1991, c. 64, a. 877.

878. The fruits and revenues of the property given or bequeathed, if the property is returned in kind, or the interest on the amount returnable, are also returnable from the opening of the succession.

1991, c. 64, a. 878.

DIVISION II RETURN OF DEBTS

879. An heir coming to a partition shall return to the mass the debts he owes to the deceased; he shall also return the amounts he owes to his co-partitioners by reason of the indivision.

These debts are subject to return even if they are not due when partition takes place; they are not subject to return if the testator provided for release therefrom to take effect at the opening of the succession.

1991, c. 64, a. 879.

880. If the amount in capital and interest of the debt to be returned exceeds the value of the hereditary share of the heir who is bound to make the return, the heir remains indebted for the excess and shall pay it according to the terms and conditions attached to the debt.

1991, c. 64, a. 880.

881. If an heir bound to make a return has a claim of his own to make, even though it is not exigible at the time of partition, compensation operates and he is bound to return only the balance of his debt.

Compensation also operates if the claim exceeds the debt and the heir remains creditor for the excess.

1991, c. 64, a. 881.

882. A return is made by taking less.

The pre-taking effected by the coheirs or the debiting of the amount to the share of the heir may be set up against the personal creditors of the heir who is bound to make the return.

1991, c. 64, a. 882.

883. A return shall be made of the value of the debt in capital and interest at the time of partition.

A returnable debt bears interest from the death if it precedes the death and from the date when it arose if it arose after the death.

1991, c. 64, a. 883.

CHAPTER IV EFFECTS OF PARTITION

DIVISION I THE DECLARATORY EFFECT OF PARTITION

884. Partition is declaratory of ownership.

Each co-partitioner is deemed to have inherited, alone and directly, all the property included in his share or which devolves to him through any partial or complete partition. He is deemed to have owned the property from the death, and never to have owned the other property of the succession.

1991, c. 64, a. 884.

885. Any act the object of which is to terminate indivision between co-partitioners is equivalent to a partition, even though the act is described as a sale, an exchange, a transaction or otherwise.

1991, c. 64, a. 885.

886. Subject to the provisions respecting the administration of undivided property and the juridical relationships between an heir and his successors, acts performed by an undivided heir and real rights granted by him in property which has not been allotted to him may not be set up against any other undivided heirs who have not consented to them.

1991, c. 64, a. 886.

887. Acts validly made during indivision resulting from death retain their effect, regardless of which heir receives the property at partition.

Each heir is then deemed to have made the acts concerning the property which devolves to him.

1991, c. 64, a. 887.

888. The declaratory effect also applies to claims against third persons, to any assignment of these claims made during indivision by one of the coheirs and to any seizure by garnishment of the claims by the creditors of one of the coheirs.

The setting up of claims against debtors is subject to the rules of the Book on Obligations relating to assignment of debts.

1991, c. 64, a. 888.

DIVISION II WARRANTY OF CO-PARTITIONERS

889. Co-partitioners are warrantors towards each other only for the disturbances and evictions arising from a cause prior to the partition.

Each co-partitioner remains a warrantor nevertheless for any eviction caused by his personal act or omission.

1991, c. 64, a. 889.

890. The insolvency of the debtor for a claim devolving to one of the co-partitioners gives rise to a warranty in the same manner as an eviction, if the insolvency occurred prior to partition.

1991, c. 64, a. 890.

891. The warranty does not arise if the eviction has been excepted by a stipulation in the act of partition; it terminates if the co-partitioner is evicted through his own fault.

1991, c. 64, a. 891.

892. Each co-partitioner is personally bound in proportion to his share to indemnify his co-partitioner for the loss which the eviction has caused him.

The loss is valued as on the day of the partition.

1991, c. 64, a. 892.

893. If one of the co-partitioners is insolvent, the indemnity for which he is liable shall be divided proportionately between the warrantee and all the solvent co-partitioners.

1991, c. 64, a. 893.

894. The action in warranty is prescribed by three years from eviction or discovery of the disturbance, or from partition if it is caused by the insolvency of a debtor to the succession.

1991, c. 64, a. 894.

CHAPTER V NULLITY OF PARTITION

895. Partition, even partial, may be annulled for the same causes as contracts.

A supplementary or corrective partition may be effected, however, in any case where it is to the advantage of the co-partitioners to do so.

1991, c. 64, a. 895.

896. Mere omission of undivided property does not give rise to an action in nullity, but only to a supplementary partition.

1991, c. 64, a. 896.

897. In deciding whether lesion has occurred, the value of the property is considered as at the time of partition.

1991, c. 64, a. 897.

898. The defendant in an action in nullity of partition may, in all cases, terminate the action and prevent a new partition by offering and delivering to the plaintiff the supplement of his share of the succession in money or in kind.

1991, c. 64, a. 898.

BOOK FOUR PROPERTY

TITLE ONE KINDS OF PROPERTY AND ITS APPROPRIATION

CHAPTER I KINDS OF PROPERTY

899. Property, whether corporeal or incorporeal, is divided into immovables and movables.

1991, c. 64, a. 899.

900. Land, and any constructions and works of a permanent nature located thereon and forming an integral part thereof, are immovables.

Plants and minerals, as long as they are not separated or extracted from the land, are also immovables. Fruits and other products of the soil may be considered to be movables, however, when they are the object of an act of alienation.

1991, c. 64, a. 900.

901. Movables incorporated with an immovable that lose their individuality and ensure the utility of the immovable form an integral part of the immovable.

1991, c. 64, a. 901.

902. Integral parts of an immovable that are temporarily detached therefrom retain their immovable character if they are destined to be put back.

1991, c. 64, a. 902.

903. Movables which are permanently physically attached or joined to an immovable without losing their individuality and without being incorporated with the immovable are immovables for as long as they remain there.

1991, c. 64, a. 903.

904. Real rights in immovables, as well as actions to assert such rights or to obtain possession of immovables, are immovables.

1991, c. 64, a. 904.

905. Things which can be moved either by themselves or by an extrinsic force are movables.

1991, c. 64, a. 905.

906. Waves or energy harnessed and put to use by man, whether their source is movable or immovable, are deemed corporeal movables.

1991, c. 64, a. 906.

907. All other property, if not qualified by law, is movable.

1991, c. 64, a. 907.

CHAPTER II PROPERTY IN RELATION TO ITS PROCEEDS

908. Property, according to its relation to other property, is divided into capital, and fruits and revenues.

1991, c. 64, a. 908.

909. Property that produces fruits and revenues, property appropriated for the service or operation of an enterprise, shares of the capital stock or common shares of a legal person or partnership, the reinvestment of the fruits and revenues, the price for any disposal of capital or its reinvestment, and expropriation or insurance indemnities in replacement of capital, are capital.

Capital also includes rights of intellectual or industrial property except sums derived therefrom without alienation of the rights, bonds and other loan certificates payable in cash and rights the exercise of which tends to increase the capital, such as the right to subscribe to securities of a legal person, limited partnership or trust.

1991, c. 64, a. 909.

910. Fruits and revenues are that which is produced by property without any alteration to its substance or that which is derived from the use of capital. They also include rights the exercise of which tends to increase the fruits and revenues of the property.

Fruits comprise things spontaneously produced by property or produced by the cultivation or working of land, and the produce or increase of animals.

Revenues comprise sums of money yielded by property, such as rents, interest and dividends, except those representing the distribution of capital of a legal person; they also comprise sums received by reason of the resiliation or renewal of a lease or of prepayment, or sums allotted or collected in similar circumstances.

1991, c. 64, a. 910.

CHAPTER III PROPERTY IN RELATION TO PERSONS HAVING RIGHTS IN IT OR POSSESSION OF IT

911. A person, alone or with others, may hold a right of ownership or other real right in a property, or have possession of the property.

A person also may hold or administer the property of others or be trustee of property appropriated to a particular purpose.

1991, c. 64, a. 911.

912. The holder of a right of ownership or other real right may take legal action to have his right acknowledged.

1991, c. 64, a. 912.

913. Certain things may not be appropriated; their use, common to all, is governed by general laws and, in certain respects, by this Code.

However, water and air not intended for public utility may be appropriated if collected and placed in receptacles.

1991, c. 64, a. 913.

914. Certain other things, being without an owner, are not the object of any right, but may nevertheless be appropriated by occupation if the person taking them does so with the intention of becoming their owner.

1991, c. 64, a. 914.

915. Property belongs to persons or to the State or, in certain cases, is appropriated to a purpose.

1991, c. 64, a. 915.

916. Property is acquired by contract, succession, occupation, prescription, accession or any other mode provided by law.

No one may appropriate property of the State for himself by occupation, prescription or accession except property the State has acquired by succession, vacancy or confiscation, so long as it has not been mingled with its other property. Nor may anyone acquire for himself property of legal persons established in the public interest that is appropriated to public utility.

1991, c. 64, a. 916.

917. Property confiscated under the law is, upon being confiscated, property of the State or, in certain cases, of the legal person established in the public interest authorized by law to confiscate it.

1991, c. 64, a. 917.

918. Parts of the territory not owned by natural persons or legal persons nor transferred to a trust patrimony belong to the State and form part of its domain. The State is presumed to have the original titles to such property.

1991, c. 64, a. 918.

919. The beds of navigable and floatable lakes and watercourses are property of the State up to the high-water line.

The beds of non-navigable and non-floatable lakes and watercourses bordering lands alienated by the State after 9 February 1918 also are property of the State up to the high-water line; before that date, ownership of the riparian land carried with it, upon alienation, ownership of the beds of non-navigable and non-floatable watercourses.

In all cases, the law or the act of concession may provide otherwise.

1991, c. 64, a. 919.

920. Any person may travel on watercourses and lakes provided he gains legal access to them, does not encroach on the rights of the riparian owners, does not set foot on the banks and observes the conditions of use of the water.

1991, c. 64, a. 920.

CHAPTER IV CERTAIN DE FACTO RELATIONSHIPS CONCERNING PROPERTY

DIVISION I POSSESSION

§ 1 . — The nature of possession

921. Possession is the exercise in fact, by a person himself or by another person having detention of the property, of a real right, with the intention of acting as the holder of that right.

The intention is presumed. Where it is lacking, there is merely detention.

1991, c. 64, a. 921.

922. Only peaceful, continuous, public and unequivocal possession produces effects in law.

1991, c. 64, a. 922.

923. A person having begun to detain property on behalf of another or with acknowledgement of a superior domain is presumed to continue to detain it in that quality unless inversion of title is proved on the basis of unequivocal facts.

1991, c. 64, a. 923.

924. Merely facultative acts or acts of sufferance do not found possession.

1991, c. 64, a. 924.

925. The present possessor is presumed to have been in continuous possession from the time he came into possession; he may join his possession to that of his predecessors.

Possession is continuous even if its exercise is temporarily prevented or interrupted.

1991, c. 64, a. 925.

926. Defective possession begins to produce effects only from the time the defect ceases.

Successors by whatever title do not suffer from defects in the possession of their predecessor.

1991, c. 64, a. 926.

927. No thief, receiver of stolen goods or defrauder may invoke the effects of possession, but his successors by whatever title may do so if they were unaware of the defect.

1991, c. 64, a. 927.

§ 2 . — Effects of possession

928. A possessor is presumed to hold the real right he is exercising. A person contesting that presumption has the burden of proving his own right and, as the case may be, that the possessor has no title, a defective title, or defective possession.

1991, c. 64, a. 928.

929. A possessor in continuous possession for more than a year has a right of action against any person who disturbs his possession or dispossesses him in order to put an end to the disturbance or be put back into possession.

1991, c. 64, a. 929.

930. Possession vests the possessor with the real right he is exercising if he complies with the rules on prescription.

1991, c. 64, a. 930.

931. A possessor in good faith need not render account of the fruits and revenues of the property, and he bears the costs he incurred to produce them.

A possessor in bad faith shall, after compensating for the costs, return the fruits and revenues from the time he began to be in bad faith.

1991, c. 64, a. 931.

932. A possessor is in good faith if, when his possession begins, he is justified in believing he holds the real right he is exercising. His good faith ceases from the time his lack of title or the defects of his possession or title are notified to him by a civil proceeding.

1991, c. 64, a. 932.

933. A possessor may be reimbursed or indemnified according to the rules in the chapter on accession for the constructions, plantations and works he has made.

1991, c. 64, a. 933.

DIVISION II ACQUISITION OF VACANT PROPERTY

§ 1 . — Things without an owner

934. Animals in the wild, or formerly in captivity but returned to the wild, aquatic fauna and things abandoned by their owner, are things without an owner.

Movables of slight value or in a very deteriorated condition that are left in a public place, including a public road or a vehicle used for public transportation, are deemed abandoned things.

1991, c. 64, a. 934.

935. A movable without an owner belongs to the person who appropriates it for himself by occupation.

An abandoned movable, if no one appropriates it for himself, belongs to the municipality that collects it in its territory, or to the State.

1991, c. 64, a. 935.

936. An immovable without an owner belongs to the State. Any person may nevertheless acquire it by natural accession or prescription unless the State has possession of it or is declared the owner of it by a notice of the Public Curator entered in the land register.

1991, c. 64, a. 936.

937. Things without an owner which the State appropriates for itself are administered by the Public Curator, who disposes of them according to law.

1991, c. 64, a. 937.

938. Treasure belongs to the finder if he finds it on his own land; if it is found on the land of another, one-half belongs to the owner of the land and one-half to the finder, unless the finder was acting for the owner.

1991, c. 64, a. 938.

§ 2 . — Lost or forgotten movables

939. A movable that is lost or that is forgotten in the hands of a third person or in a public place continues to belong to its owner.

The movable may not be acquired by occupation, but may be prescribed by the person who detains it, as may the price subrogated thereto.

1991, c. 64, a. 939.

940. The finder of a thing shall attempt to find its owner; if he finds him, he shall return it to him.

1991, c. 64, a. 940.

941. The finder of a lost thing, in order to acquire, by prescription, ownership of it or of the price subrogated to it, shall declare the fact that he has found it to a peace officer, to the municipality in whose territory it was found or to the person in charge of the place where it was found.

He may then, at his option, keep the thing, dispose of it in the manner of a person having detention or hand it over for detention to the person to whom he made the declaration.

1991, c. 64, a. 941.

942. The holder of a found thing, including the State or a municipality, may sell it if it is not claimed within 60 days.

The sale of the thing is held by auction and on the expiry of not less than 10 days after publication of a notice of sale in a newspaper circulated in the locality where the thing was found, stating the nature of the thing and indicating the place, day and hour of the sale.

The holder may dispose of the thing immediately, however, if it is perishable. Also, if there is no bidder at the auction, he may sell the thing by agreement, give it to a charitable institution or, if it is impossible to dispose of it in this way, destroy it.

1991, c. 64, a. 942.

943. The State or a municipality may, in the manner of the holder of a found thing, sell movable property in its hands by auction, without further delay than that required for publication, in the following cases:

(1)  the owner of the property claims it but neglects or refuses to reimburse the holder for the cost of administration of the property within 60 days of claiming it;

(2)  several persons claim the property as owner, but none of them establishes a clear title or takes legal action to establish it within the 60 days or more allotted to him;

(3)  a movable deposited in the office of a court is not claimed by its owner within 60 days from notice given him to fetch it or, if it has not been possible to give him any notice, within six months from the final judgment or from the discontinuance of the proceedings.

1991, c. 64, a. 943.

944. Where a thing that has been entrusted for safekeeping, work or processing is not claimed within 90 days from completion of the work or the agreed time, it is considered to be forgotten and the holder, after having given notice of the same length of time to the person who entrusted him with the thing, may dispose of it.

1991, c. 64, a. 944.

945. The holder of a thing entrusted but forgotten disposes of it by auction sale as in the case of a found thing, or by agreement. He may also give a thing that cannot be sold to a charitable institution or, if that is not possible, dispose of it as he sees fit.

1991, c. 64, a. 945.

946. The owner of a lost or forgotten thing may revendicate it, so long as his right of ownership has not been prescribed, by offering to pay the cost of its administration and, where applicable, the value of the work done. The holder of the thing may retain it until payment.

If the thing has been alienated, the owner’s right is exercised, notwithstanding article 1714, only against what is left of the price of sale, after deducting the cost of its administration and alienation and the value of the work done.

1991, c. 64, a. 946.

TITLE TWO OWNERSHIP

CHAPTER I NATURE AND EXTENT OF THE RIGHT OF OWNERSHIP

947. Ownership is the right to use, enjoy and dispose of property fully and freely, subject to the limits and conditions for doing so determined by law.

Ownership may be in various modes and dismemberments.

1991, c. 64, a. 947.

948. Ownership of property gives a right to what it produces and to what is united to it, naturally or artificially, from the time of union. This right is called a right of accession.

1991, c. 64, a. 948; 1992, c. 57, s. 716.

949. The fruits and revenues of property belong to the owner, who bears the costs he incurred to produce them.

1991, c. 64, a. 949.

950. The owner of the property assumes the risks of loss.

1991, c. 64, a. 950.

951. Ownership of the soil carries with it ownership of what is above and what is below the surface.

The owner may make such constructions, works or plantations above or below the surface as he sees fit; he is bound to respect, among other things, the rights of the State in mines, sheets of water and underground streams.

1991, c. 64, a. 951.

952. No owner may be compelled to transfer his ownership except by expropriation according to law for public utility and in consideration of a just and prior indemnity.

1991, c. 64, a. 952.

953. The owner of property has a right to revendicate it against the possessor or the person detaining it without right, and may object to any encroachment or to any use not authorized by him or by law.

1991, c. 64, a. 953.

CHAPTER II ACCESSION

DIVISION I IMMOVABLE ACCESSION

954. Accession of movable or immovable property to an immovable may be voluntary or involuntary. Accession is artificial in the first case, natural in the second.

1991, c. 64, a. 954.

§ 1 . — Artificial accession

955. Constructions, works or plantations on an immovable are presumed to have been made by the owner of the immovable at his own expense and to belong to him.

1991, c. 64, a. 955.

956. The owner of an immovable becomes the owner by accession of the constructions, works or plantations he has made with materials which do not belong to him, but he is bound to pay the value, at the time they were incorporated, of the materials used.

The previous owner of the materials has no right to remove them nor any obligation to take them back.

1991, c. 64, a. 956.

957. The owner of an immovable acquires by accession ownership of the constructions, works or plantations made on his immovable by a possessor, whether the disbursements were necessary, useful or for amenities.

1991, c. 64, a. 957.

958. The owner shall reimburse the possessor for the necessary disbursements, even if the constructions, works or plantations no longer exist.

If the possessor is in bad faith, however, compensation may be claimed for the fruits and revenues collected, after deducting the costs incurred to produce them.

1991, c. 64, a. 958.

959. The owner shall reimburse the useful disbursements made by a possessor in good faith, if the constructions, works or plantations still exist; he may also, if he chooses, pay him compensation equal to the increase in value.

The owner may, on the same conditions, reimburse the useful disbursements made by the possessor in bad faith; he may in that case effect compensation for the fruits and revenues owed to him by the possessor.

The owner may also compel the possessor in bad faith to remove the constructions, works or plantations and to restore the place to its former condition; if such restoration is impossible, the owner may keep them without compensation or compel the possessor to remove them.

1991, c. 64, a. 959.

960. The owner may compel the possessor to acquire the immovable and to pay him its value if the useful disbursements made are costly and represent a considerable proportion of that value.

1991, c. 64, a. 960.

961. A possessor in good faith who has made disbursements for amenities for himself may, as the owner chooses, either remove the constructions, works or plantations he has made, if that can be done advantageously without causing damage to the place, or abandon them.

If he abandons them, the owner is bound to reimburse him for either their cost or the increase in value of the immovable, whichever is less.

1991, c. 64, a. 961.

962. The owner may compel the possessor in bad faith to remove the constructions, works or plantations he has made as amenities for himself and to restore the place to its former condition; if such restoration is impossible, he may keep them without compensation or compel the possessor to remove them.

1991, c. 64, a. 962.

963. A possessor in good faith has a right to retain the immovable until he has been reimbursed for necessary or useful disbursements.

A possessor in bad faith has no right under this article except in respect of necessary disbursements he has made.

1991, c. 64, a. 963.

964. Disbursements made by a person detaining property are dealt with according to the rules prescribed for disbursements made by a possessor in bad faith.

The person detaining the property is under no obligation to acquire it, however.

1991, c. 64, a. 964.

§ 2 . — Natural accession

965. Alluvion becomes the property of the riparian owner.

Alluvion is the deposits of earth and augmentations which are gradually and imperceptibly formed on riparian lands of a watercourse.

1991, c. 64, a. 965.

966. Accretions left by the imperceptible recession of running water from one bank while it encroaches upon the opposite bank are acquired by the riparian owner on the bank gradually added to, and the riparian owner on the opposite bank has no claim for the lost land.

No right exists under this article in respect of accretions from the sea, which form part of the domain of the State.

1991, c. 64, a. 966.

967. If, by sudden force, a watercourse carries away a large and recognizable part of a riparian land to a lower land or to the opposite bank, the owner of the part carried away may reclaim it.

The owner is bound, on pain of forfeiture, to reclaim the part carried away within one year after the owner of the land it has attached to takes possession of it.

1991, c. 64, a. 967.

968. An island formed in the bed of a watercourse belongs to the owner of the bed.

1991, c. 64, a. 968.

969. If, in forming a new branch, a watercourse cuts a riparian land and thereby forms an island, the owner of the riparian land retains the ownership of the island so formed.

1991, c. 64, a. 969.

970. If a watercourse abandons its bed and forms a new bed, the former bed belongs to the owners of the newly occupied land, each in proportion to the land he has lost.

1991, c. 64, a. 970.

DIVISION II MOVABLE ACCESSION

971. Where movables belonging to several owners have been intermingled or united in such a way as to be no longer separable without deterioration or without excessive labour and cost, the new thing belongs to the owner having contributed most to its creation by the value of the original thing or by his work.

1991, c. 64, a. 971.

972. A person having worked on or processed material which did not belong to him acquires ownership of the new thing if the work or processing is worth more than the material used.

1991, c. 64, a. 972.

973. The owner of the new thing shall pay the value of the material or labour to the person having supplied it.

If it is impossible to determine who contributed most to the creation of the new thing, the interested persons are its undivided co-owners.

1991, c. 64, a. 973.

974. The person bound to return the new thing may retain it until its owner pays him the compensation he owes him.

1991, c. 64, a. 974.

975. In unforeseen circumstances, the right of accession in respect of movable property is entirely subordinate to the principles of equity.

1991, c. 64, a. 975.

CHAPTER III SPECIAL RULES ON THE OWNERSHIP OF IMMOVABLES

DIVISION I GENERAL PROVISION

976. Neighbours shall suffer the normal neighbourhood annoyances that are not beyond the limit of tolerance they owe each other, according to the nature or location of their land or local custom.

1991, c. 64, a. 976.

DIVISION II LIMITS AND BOUNDARIES OF LAND

977. The limits of land are determined by the titles, the cadastral plan and the boundary lines of the land, and by any other useful indication or document, if need be.

1991, c. 64, a. 977.