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CCQ-1991 - Civil Code of Québec

Section 2767
Disposition versions

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2767. Surrender is also forced where the court, upon application by the creditor, orders surrender of the property before the period indicated in the prior notice expires, where there is reason to fear that otherwise recovery of his claim may be endangered, or where the property may decline or depreciate rapidly. In the latter cases, the creditor is authorized to exercise his hypothecary rights immediately.
The application need not be served on the person against whom the hypothecary right is exercised, but the order shall be served on him. If the order is subsequently rescinded, the creditor is bound to return the property or pay back the price of alienation.
1991, c. 64, a. 2767; I.N. 2014-05-01; I.N. 2015-11-01; 2016, c. 4, s. 322.
2767. Surrender is also forced where the court, upon application by the creditor, orders surrender of the property before the period indicated in the prior notice expires, where there is reason to fear that otherwise recovery of his claim may be endangered, or where the property may decline or deteriorate rapidly. In the latter cases, the creditor is authorized to exercise his hypothecary rights immediately.
The application need not be served on the person against whom the hypothecary right is exercised, but the order shall be served on him. If the order is subsequently rescinded, the creditor is bound to return the property or pay back the price of alienation.
1991, c. 64, a. 2767; I.N. 2014-05-01; I.N. 2015-11-01.
2767. Surrender is also forced where the court, upon application by the creditor, orders surrender of the property before the period indicated in the prior notice expires, where there is reason to fear that otherwise recovery of his claim may be endangered, or where the property may perish or deteriorate rapidly. In the latter cases, the creditor is authorized to exercise his hypothecary rights immediately.
The application need not be served on the person against whom the hypothecary right is exercised, but the order shall be served on him. If the order is subsequently rescinded, the creditor is bound to return the property or pay back the price of alienation.
1991, c. 64, a. 2767; I.N. 2014-05-01.
2767. Surrender is also forced where the court, on a motion of the creditor, orders surrender of the property before the period indicated in the prior notice expires, where there is reason to fear that otherwise recovery of his claim may be endangered, or where the property may perish or deteriorate rapidly. In the latter cases, the creditor is authorized to exercise his hypothecary rights immediately.
The motion need not be served on the person against whom the hypothecary right is exercised, but the order shall be served on him. If the order is subsequently rescinded, the creditor is bound to return the property or pay back the price of alienation.
1991, c. 64, a. 2767.
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