TITLE I VOLUNTARY EXECUTION

CHAPTER I

PUTTING IN SECURITY

525. Every judgment ordering security must fix the amount up to which the surety must be liable and the time within which it shall be offered.

1965 (1st sess.), c. 80, a. 525; 1999, c. 40, s. 56.

526. A notice mentioning the names, residence and occupation of the surety, and the date and hour when he will be offered at the office of the court, must be served on the opposite party.

1965 (1st sess.), c. 80, a. 526.

527. A surety may be objected to if he has not the qualifications required by law, or if he is insufficient.

1965 (1st sess.), c. 80, a. 527.

528. Whether objected to or not, the surety may be required to justify his sufficiency under oath and, except where the law requires only personal justification, he may, if objected to, be required to declare his real property and produce his titles thereto.

1965 (1st sess.), c. 80, a. 528.

529. The contestation takes place without written pleadings; it is decided summarily by the clerk upon documents and affidavits.

1965 (1st sess.), c. 80, a. 529; 1992, c. 57, s. 420.

530. If the surety is accepted, the bond is drawn up and executed in conformity with the judgment, notwithstanding opposition or appeal, and without prejudice thereto.

1965 (1st sess.), c. 80, a. 530.

531. The rules of this chapter apply with the necessary modifications when the person bound to furnish a surety avails himself of his right to offer any other sufficient security instead.

1965 (1st sess.), c. 80, a. 531; 1992, c. 57, s. 288.

CHAPTER II

ACCOUNTING

532. Every judgment ordering an account must fix a time limit for rendering it.

1965 (1st sess.), c. 80, a. 532; 1999, c. 40, s. 56.

533. The account must be filed in court within the time fixed; it must be supported by the affidavit of the accounting party and accompanied with supporting vouchers; a copy must be served on the opposite party.

1965 (1st sess.), c. 80, a. 533; 1999, c. 40, s. 56.

534. The account must be divided into two parts, one for revenue, the other for expenditure, and must close with a recapitulation establishing the balance between revenue and expenditure.

The account is prepared according to generally recognized accounting principles and those provided in the Civil Code in Title VII of the Book on Property, dealing with the Administration of property of others. Receivables are entered under revenue and the cost of preparing and verifying the account and required copies is entered under expenditure, but not so the costs of the judgment ordering the accounting, except with the permission of the court.

1965 (1st sess.), c. 80, a. 534; 1992, c. 57, s. 289.

535. At any time after the filing of an account, the party to whom it is rendered may summon the accounting party, or his bookkeeper, authorized representative or manager, to appear before the judge or the clerk to be examined as a witness on any fact relating to the account.

1965 (1st sess.), c. 80, a. 535; 1992, c. 57, s. 420.

536. If the account shows an excess of revenue over expenditure, the party to whom it is rendered may obtain and execute judgment for the balance, saving his right to contest the remainder of the account.

1965 (1st sess.), c. 80, a. 536; 1992, c. 57, s. 290.

537. The account is held to be admitted if the party accounted to has not contested it within 15 days of the date of filing, and the contestation is held to be well founded if the accounting party has not filed his answers within 15 days of the service upon him of the contestation. The court may, however, for a valid reason relieve a party from the consequences of his default.

After issue is joined by the filing of the answers, the parties proceed to trial in the ordinary way.

1965 (1st sess.), c. 80, a. 537.

538. The judgment upon the account must contain a computation of the revenue and expenditure, and establish the balance, if any.

1965 (1st sess.), c. 80, a. 538; 1992, c. 57, s. 291.

539. If the account is not filed within the time fixed, the plaintiff may prepare it himself, in accordance with the provisions of article 534, and attest its correctness by his affidavit; he may then inscribe for judgment, and the defendant may not contest the account.

1965 (1st sess.), c. 80, a. 539; 1999, c. 40, s. 56.

CHAPTER III

SURRENDER

540. The voluntary execution of any judgment ordering the delivery of a movable or an immovable is effected by delivering the movable or surrendering the immovable, in such a manner that the party entitled thereto may become seized or take possession of it, unless the judgment otherwise provides.

1965 (1st sess.), c. 80, a. 540; 1992, c. 57, s. 292.

541. Subject to the rules relating to the exercise of hypothecary rights, a person who wishes to execute voluntarily a judgment ordering him to surrender an immovable subject to a hypothec must file in the office of the court a declaration to that effect and must relinquish possession of the immovable to the Minister of Revenue to whom he must give notice; upon the service of the notice the Minister of Revenue becomes a party to the case.

1965 (1st sess.), c. 80, a. 541; 1992, c. 57, s. 293; 2005, c. 44, s. 54.

542. The Minister of Revenue collects the fruits and revenues due and accrued from the time of the surrender, and may grant leases of the immovable if the sale is delayed for any considerable time.

All the fruits and revenues are immobilized and distributed in the same manner as the sale price of the immovable.

1965 (1st sess.), c. 80, a. 542; 2005, c. 44, s. 54.