C-25 - Code of Civil Procedure

Section 802 Disposition versions

1999-04-01

802. If the court orders the publication of the prior notice of the exercise of the hypothecary right in a newspaper, the publication is made in the manner prescribed in article 139.

1965 (1st sess.), c. 80, a. 802; 1992, c. 57, s. 367.

1977-12-31

802. At any time before judgment is rendered, the owner of the immoveable, as well as any possessor entitled to exercise the rights of the owner, may file in the office of the court and serve upon the applicant an appearance and a declaration setting out the rights which they claim to have and the title from which they derive.

Within ten days of such service, the applicant must file in the office of the court and serve upon the person who has appeared a demand that the immoveable be declared hypothecated to guarantee his claim and that it be sold in satisfaction thereof, unless the person who has appeared prefers to pay the debt in capital, interest and costs. Such demand proceeds like a hypothecary action.

1965 (1st sess.), c. 80, a. 802.