TITLE II CERTAIN PROCEEDINGS RELATING TO PERSONS AND PROPERTY

CHAPTER I

Repealed, 2002, c. 7, s. 107.

762. (Repealed).

1965 (1st sess.), c. 80, a. 762; 1972, c. 70, s. 25; 1992, c. 57, s. 367; 1996, c. 5, s. 47; 2002, c. 7, s. 107.

763. (Repealed).

1965 (1st sess.), c. 80, a. 763; 1992, c. 57, s. 367; 1994, c. 28, s. 29; 1996, c. 5, s. 48; 2002, c. 7, s. 107.

764. (Repealed).

1965 (1st sess.), c. 80, a. 764; 1992, c. 57, s. 367; 2002, c. 7, s. 107.

765. (Repealed).

1965 (1st sess.), c. 80, a. 765; 1968, c. 84, s. 6; 1992, c. 57, s. 367; 1994, c. 28, s. 30; 2002, c. 7, s. 107.

766. (Repealed).

1965 (1st sess.), c. 80, a. 766; 1992, c. 57, s. 367; 1994, c. 28, s. 31; 2002, c. 7, s. 107.

767. (Repealed).

1965 (1st sess.), c. 80, a. 767; 1992, c. 57, s. 367; 2002, c. 7, s. 107.

768. (Repealed).

1965 (1st sess.), c. 80, a. 768; 1992, c. 57, s. 367; 2002, c. 7, s. 107.

769. (Repealed).

1965 (1st sess.), c. 80, a. 769; 1992, c. 57, s. 367; 1994, c. 28, s. 32; 2002, c. 7, s. 107.

770. (Repealed).

1965 (1st sess.), c. 80, a. 770; 1992, c. 57, s. 367; 1994, c. 28, s. 33; 2002, c. 7, s. 107.

771. (Repealed).

1965 (1st sess.), c. 80, a. 771; 1992, c. 57, s. 367; 2002, c. 7, s. 107.

772. (Repealed).

1965 (1st sess.), c. 80, a. 772; 1992, c. 57, s. 367; 1994, c. 28, s. 34; 2002, c. 7, s. 107.

773. (Repealed).

1965 (1st sess.), c. 80, a. 773; 1973, c. 38, s. 88; 1992, c. 57, s. 367; 2002, c. 7, s. 107.

CHAPTER II

APPLICATIONS RELATING TO THE INTEGRITY OF THE PERSON

774. Applications relating to the integrity of the person may in no case be heard by the clerk or by the special clerk. Where applicable, applications are accompanied with the advice of the tutorship council and of at least one expert concerning the person named in the application.

1965 (1st sess.), c. 80, a. 774; 1973, c. 38, s. 88; 1992, c. 57, s. 367; 2002, c. 7, s.

775. An application relating to the integrity of the person has precedence over any other, except an application for habeas corpus, whether in first instance or in appeal.

1965 (1st sess.), c. 80, a. 775; 1973, c. 38, s. 88; 1992, c. 57, s. 367.

SECTION I

CONSENT TO CARE

776. Every application to obtain authorization from the court or a judge must, if it is with respect to care or the alienation of a body part, be served on the person concerned, if 14 years of age or over, and on the holder of parental authority, the tutor or curator, where applicable, or on the mandatary designated by a person of full age when he was capable of giving his consent.

An application concerning a person of full age who is incapable of giving his consent and who has no tutor, curator or mandatary must also be served on the Public Curator.

Except in an emergency, the application may not be presented to the court less than five days after it is served. No written appearance is required.

The application must be heard on the day it is presented, unless the court or the judge decides otherwise.

1965 (1st sess.), c. 80, a. 776; 1973, c. 38, s. 88; 1992, c. 57, s. 367; 1998, c. 32, s. 3; 2002, c. 7, s. 109.

777. A judgment authorizing an examination, treatment, specimen taking or removal of tissue becomes inoperative if the authorization is not acted upon within six months or within any other time fixed by the judge in chambers.

The judgment may also fix conditions or modalities applicable where the authorization is acted upon.

1965 (1st sess.), c. 80, a. 777; 1973, c. 38, s. 88; 1992, c. 57, s. 367; 1998, c. 32, s. 4.

SECTION II

CONFINEMENT IN AN INSTITUTION AND PSYCHIATRIC ASSESSMENT

778. An application to obtain that a person refusing to undergo a psychiatric assessment be submitted to such assessment, or that the person be confined against his will in an institution referred to in the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (chapter P-38.001) is heard on the day it is presented, unless the court or the judge decides otherwise.

1965 (1st sess.), c. 80, a. 778; 1973, c. 38, s. 88; 1992, c. 57, s. 367; 1997, c. 75, s. 37.

779. The application may not be presented to the court or to the judge unless it has been served on the person refusing the assessment or confinement at least two days before presentation.

The application is also served on a reasonable person of the family of the person concerned or, where applicable, on the holder of parental authority, tutor, curator, mandatary, on the person having custody of the person concerned or on a person who shows a special interest in the person concerned; otherwise, it is served on the Public Curator.

By way of exception, the judge may exempt the applicant from serving the application on the person concerned if he considers that it would be harmful to the health or safety of the person or of others, or in case of emergency.

1965 (1st sess.), c. 80, a. 779; 1973, c. 38, s. 88; 1992, c. 57, s. 367; 1997, c. 75, s. 38; 2002, c. 7, s. 110.

780. The court or the judge is bound to question the person concerned by the application except if he cannot be found or has fled or if it would clearly be useless to require his testimony owing to his state of health; a further exception is made in the case of an application to obtain that a person be submitted to a psychiatric assessment, where it is proved that there is an urgent need or that requiring the testimony could be harmful to the health or safety of the person concerned or of another person.

The person concerned may be questioned by a judge of the district in which he is at the time, even if the application is made in another district. The examination is taken down in writing and communicated without delay to the court concerned.

1965 (1st sess.), c. 80, a. 780; 1973, c. 38, s. 88; 1992, c. 57, s. 367; 1997, c. 75, s. 39.

781. A judgment ordering the psychiatric assessment and confinement of a person may also order that the person concerned be entrusted, for psychiatric assessment or confinement, to an institution referred to in the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (chapter P-38.001).

The judgment is notified to the persons on whom the application was served and may be executed by a peace officer.

1965 (1st sess.), c. 80, a. 781; 1973, c. 38, s. 88; 1992, c. 57, s. 367; 1997, c. 75, s. 40.

782. The clerk sends a copy of the judgment rendered and a copy of the file to the Administrative Tribunal of Quebec without delay and free of charge.

1965 (1st sess.), c. 80, a. 782; 1973, c. 38, s. 88; 1992, c. 57, s. 367; 1997, c. 43, s. 179.

SECTION III

APPEAL

783. A judgment granting an application for authorization with respect to the integrity of a person does not take effect until five days have elapsed since it was rendered, unless a statement by that person or his attorney indicating that no appeal will be brought has been filed.

However, a judgment ordering the confinement of a person for a psychiatric assessment or following a psychiatric assessment may be enforced immediately. A judge of the Court of Appeal may suspend execution of the judgment if he considers it necessary in the interest of justice.

1965 (1st sess.), c. 80, a. 783; 1973, c. 38, s. 88; 1992, c. 57, s. 367; 1997, c. 75, s. 41.

784. An appeal from the judgment is governed by the rules provided in article 859, adapted as required.

1965 (1st sess.), c. 80, a. 784; 1973, c. 38, s. 88; 1992, c. 57, s. 367.

CHAPTER III

RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS

785. An application for recognition and enforcement of a decision rendered outside Quebec is made by way of a motion to institute proceedings. The time limit within which to appear is 20 days and the application may not be presented before at least 40 days have elapsed.

Such an application may also be made incidentally, even by the party contesting, provided the application comes within the jurisdiction of the Quebec court.

1965 (1st sess.), c. 80, a. 785; 1973, c. 38, s. 88; 1992, c. 57, s. 367; 2002, c. 7, s. 111.

786. A party seeking recognition or enforcement of a foreign decision attaches to his application a copy of the decision and an attestation emanating from a competent foreign public officer stating that the decision is no longer, in the State in which it was rendered, subject to ordinary remedy and that it is final or enforceable.

If the decision was rendered by default, a certified copy of the documents establishing that the procedure which instituted the proceedings was duly served on the defaulting party is attached to the application.

All documents drafted in a language other than French or English must be accompanied with a translation authenticated in Quebec.

1965 (1st sess.), c. 80, a. 786; 1973, c. 38, s. 88; 1992, c. 57, s. 367.

CHAPTER IV

BOUNDARIES OF LAND

787. A demand to have the boundaries between lands determined is made by serving a notice containing

(1) a statement of the demand and of the reasons therefor, without mentioning disturbances, damages or other claims;

(2) the description of the immovables concerned;

(3) the name and residence of the land surveyor proposed for the operations;

(4) a statement that proceedings will be instituted before the competent court unless an agreement is reached, within 15 days, on the right to have the boundaries determined and on the choice of a land surveyor.

1965 (1st sess.), c. 80, a. 787; 1973, c. 38, s. 88; 1992, c. 57, s. 367.

788. If, after the demand is made, the owners agree on having the boundaries determined and on the choice of a land surveyor, their agreement must be evidenced in writing, set out the reasons for the determination of boundaries, describe the immovables and identify the land surveyor who will carry out the operations.

If the parties do not agree, the party that has given the notice may ask the court, by a motion to institute proceedings, to rule on the right to a determination of boundaries and to designate the land surveyor who will carry out the operations.

1965 (1st sess.), c. 80, a. 788; 1973, c. 38, s. 88; 1992, c. 57, s. 367; 2002, c. 7, s. 112.

789. The land surveyor proceeds with the determination of boundaries under his oath of office and in the same manner as an expert. He may carry out all necessary operations to determine the boundaries of the immovables concerned. He draws up minutes of his operations, to stand in lieu of a report, in which he includes a plan of the premises, mentions the respective claims of the parties and indicates the dividing lines that he considers the most appropriate.

1965 (1st sess.), c. 80, a. 789; 1973, c. 38, s. 88; 1992, c. 57, s. 367.

790. Where the parties have agreed on the right to the determination of boundaries and on the choice of a land surveyor but one party does not accept the conclusions of the land surveyor\'s report, either party may ask the court, by a motion to institute proceedings and within 30 days after deposit of the report, to rule on the report.

1965 (1st sess.), c. 80, a. 790; 1973, c. 38, s. 88; 1992, c. 57, s. 367; 2002, c. 7, s. 113.

791. If, during the proceedings, one of the parties transfers his rights in the immovable subject to the determination of boundaries, the transferee may be compelled to a continuance of suit.

1965 (1st sess.), c. 80, a. 791; 1973, c. 38, s. 88; 1992, c. 57, s. 367.

792. The court determines the boundary line and appoints a land surveyor who places the boundary markers in the presence of witnesses and draws up minutes of his operations which he must file at the office of the court.

The homologation of the minutes by the court is proof of the complete execution of the judgment.

1965 (1st sess.), c. 80, a. 792; 1973, c. 38, s. 88; 1992, c. 57, s. 367; 1999, c. 40, s. 56.

793. The costs of determining boundaries are common and, if proceedings have been instituted before the court, they include the costs of an ex parte action. However, in case of contestation, the losing party must pay the costs of the contestation unless, for good reason, the court orders otherwise.

1965 (1st sess.), c. 80, a. 793; 1973, c. 38, s. 88; 1992, c. 57, s. 367.

794. Where it appears that the boundaries cannot be determined without affecting immovables that are not contiguous to that of the plaintiff, the court may, of its own motion or on application, order that the owners of such immovables be impleaded.

1965 (1st sess.), c. 80, a. 794; 1973, c. 38, s. 88; 1992, c. 57, s. 367.

CHAPTER V

APPLICATIONS RELATING TO PRIOR CLAIMS AND HYPOTHECS

795. (Repealed).

1965 (1st sess.), c. 80, a. 795; 1973, c. 38, s. 88; 1992, c. 57, s. 367; 2002, c. 7, s. 114.

796. Applications for forced surrender must be accompanied with a recent statement of the appropriate register, certified by the registrar; subject to article 2767 of the Civil Code, they must be served on the person who owns or has possession of the property and on the debtor and the grantor, where applicable.

1965 (1st sess.), c. 80, a. 796; 1973, c. 38, s. 88; 1992, c. 57, s. 367.

797. A judgment ordering surrender fixes the period within which surrender must be effected, determines the manner of effecting it and designates the person in whose favour it is effected; it also orders, failing surrender of the property within the prescribed time, that the person who owns or has possession of the property, or the debtor, be expelled or that the property be taken from him, as the case may be.

1965 (1st sess.), c. 80, a. 797; 1973, c. 38, s. 88; 1992, c. 57, s. 367.

798. In urgent cases, the judge may also authorize forthwith the creditor to take possession of the property to administer it, take it in payment of his claim, have it sold by judicial authority or sell it himself.

1965 (1st sess.), c. 80, a. 798; 1992, c. 57, s. 367.

799. Within five days of service of the order made pursuant to article 2767 of the Civil Code, the person who owns or has possession of the property may apply for the annulment of the order because of the insufficiency or the falsity of the allegations of the affidavit on the strength of which the order was pronounced. If the order is declared null, the creditor is bound to return the property or reimburse the price of the alienation, where applicable.

1965 (1st sess.), c. 80, a. 799; 1992, c. 57, s. 367.

CHAPTER VI

APPLICATIONS CONCERNING HYPOTHECATED PROPERTY WHERE THE OWNER\'S IDENTITY IS UNKNOWN OR UNCERTAIN

800. A creditor who cannot serve prior notice of his intention to exercise his hypothecary right because the identity of the owner of the hypothecated property is unknown or uncertain must obtain from the court the authorization to serve such prior notice in the manner determined by the court.

The same applies where the property belongs to several owners, of whom only some are known.

1965 (1st sess.), c. 80, a. 800; 1977, c. 73, s. 33; 1992, c. 57, s. 367.

801. The application is made before the court of the district in which the property is situated; it must contain:

(a) the allegations necessary to establish the right of the applicant;

(b) the description of the hypothecated property;

(c) the name of the occupant or holder of the property or of the last occupant or holder, as the case may be;

(d) the names of all the owners of the property since the hypothec was granted, if they are known.

1965 (1st sess.), c. 80, a. 801; 1992, c. 57, s. 367; 2002, c. 7, s. 115.

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.

803. If no one has contested the application within the time prescribed by law or determined by the court or has exercised the rights of the hypothecary debtor or of the person against whom the right is exercised, in order to defeat the creditor\'s remedy, the court, upon proof of service of the prescribed prior notice, authorizes the creditor to take possession of the property, take it in payment of his claim, sell it himself or have it sold under judicial authority.

1965 (1st sess.), c. 80, a. 803; 1992, c. 57, s. 367.

CHAPTER VII

APPLICATIONS RELATING TO THE LAND REGISTER AND THE REGISTER OF PERSONAL AND MOVABLE REAL RIGHTS

804. Applications for registration or for the correction, reduction or cancellation of a registration in the land register or in the register of personal and movable real rights are presented before the court of the place where the immovable or corporeal property that is the subject of the registration is situated; in the case of incorporeal property, applications are presented before the court of the owner, debtor or grantor, as the case may be.

These applications must be accompanied with a statement, certified by the registrar, of the rights registered in the appropriate register in respect of the property, the nature of the universality or the name of the grantor.

1965 (1st sess.), c. 80, a. 804; 1992, c. 57, s. 367; 2002, c. 7, s. 116.

805. A person who, in accordance with the rules of the Book on Prescription of the Civil Code, has possessed an immovable as owner may acquire the ownership of that immovable by applying to the court of the district in which it is situated.

The application is accompanied with

(1) a recent statement, certified by the registrar, of the rights registered in the land register in respect of the immovable;

(2) a copy of or abstract from the cadastral plan of the immovable; in the case of a part of lot or of an immovable that it not immatriculated, a technical description accompanied with the relevant plan drawn up by a land surveyor is sufficient;

(3) a location certificate, if a construction has been erected on the immovable.

1965 (1st sess.), c. 80, a. 805; 1992, c. 57, s. 367; 2002, c. 7, s. 117.

806. The court called upon to establish the right of ownership may, even of its own motion, order

(1) that the motion be served on the owners of the contiguous immovables, if they have not consented in writing to the introduction of the motion;

(2) that the boundaries of the immovable be determined if the accuracy of the plan is contested by the owners of the contiguous immovables.

1965 (1st sess.), c. 80, a. 806; 1992, c. 57, s. 367.

807. (Repealed).

1965 (1st sess.), c. 80, a. 807; 1992, c. 57, s. 367; 2000, c. 42, s. 132.

808. Applications made under this chapter may in no case be heard by the clerk.

1965 (1st sess.), c. 80, a. 808; 1992, c. 57, s. 367.

CHAPTER VIII

INDIVISION AND PARTITION

809. Applications for partition or for nullity of partition, other applications relating to the partition of a succession or of other undivided property and applications relating to the administration of undivided property are presented before the court of the place where the property is situated in whole or in part.

1965 (1st sess.), c. 80, a. 809; 1992, c. 57, s. 367; 1996, c. 5, s. 49; 2002, c. 7, s. 118.

810. In granting an application for partition of undivided property, the court orders either a partition in kind, if the property can conveniently be partitioned or allotted, or the sale of the property in accordance with the provisions of this Code which concern the sale of the property of others.

The court may, if necessary or convenient, appoint a practitioner to complete the liquidation of the succession or to make a proposal.

1965 (1st sess.), c. 80, a. 810; 1966, c. 21, s. 14; 1992, c. 57, s. 367.

811. A judgment ordering a partition in kind appoints a practitioner to proceed, in conformity with the provisions of the Civil Code and in the manner prescribed in articles 414 to 425 of this Code, with the composition of shares, and to make a report.

The practitioner must apply for homologation of his report and his application for homologation may be contested by any interested person.

The court which homologates the report orders the clerk or any other person it designates to proceed with the allotment of the shares by a drawing of lots; minutes of this operation must be filed in the record.

1965 (1st sess.), c. 80, a. 811; 1992, c. 57, s. 367.

CHAPTER IX

DIVIDED CO-OWNERSHIP OF AN IMMOVABLE

812. (Repealed).

1965 (1st sess.), c. 80, a. 812; 1992, c. 57, s. 367; 1996, c. 5, s. 50; 2002, c. 7, s. 119.

812.1. Applications relating to divided co-ownership of an immovable are served on the syndicate of co-owners; the administrator or manager informs every co-owner in writing of the object of the application within five days after service.

1992, c. 57, s. 367.