CCQ-1991 - Civil Code of Québec

Section 2771 Disposition versions

2015-11-01

2771. A person against whom the hypothecary right is exercised may, where he has received the property in payment of his prior or hypothecary claim ranking earlier than the claim contemplated by the prior notice, or where he has paid prior or hypothecary claims ranking earlier, require that the creditor himself sell the property or cause it to be sold under judicial authority; in that case, he is bound to surrender the property only subject to the creditor giving him security that the property will be sold at a price sufficient to ensure full payment of his earlier ranking prior or hypothecary claims.

1991, c. 64, a. 2771; I.N. 2014-05-01; I.N. 2015-11-01.

2014-05-01

2771. A person against whom the hypothecary right is exercised may, where he has received the property in payment of his prior or hypothecary claim ranking earlier than the claim contemplated by the prior notice, or where he has paid prior or hypothecary claims ranking earlier, require that the creditor himself sell the property or cause it to be sold by judicial authority; in that case, he is bound to surrender the property only subject to the creditor giving him security that the property will be sold at a price sufficient to ensure full payment of his earlier ranking prior or hypothecary claims.

1991, c. 64, a. 2771; I.N. 2014-05-01.

1994-01-01

2771. The person against whom the hypothecary right is exercised may, where he has received the property in payment of his prior or hypothecary claim, which is anterior to the claim contemplated in the prior notice, or where he has paid the prior or hypothecary claims anterior to his own, require that the creditor himself sell the property or cause it to be sold by court order; he is then bound to surrender the property only subject to the creditor’s giving him security that the property will be sold at a sufficient price to ensure full payment of his anterior prior or hypothecary claim.

1991, c. 64, a. 2771.