The Collection of Comments on the Civil Code of Québec (DCQ): a formula appreciated by lawyers who find relevant answers to a variety of questions on a particular legal subject. Article 2724, paragraph 4, of the Civil Code of Québec provides for the possibility of publishing a legal hypothesis on the debtor`s property once a judgment has been rendered. The fourth part of the series, devoted to security interests, rigorously and in detail analyzes articles 2724 to 2747 of the Civil Code of Québec. 2724. The only debts that can lead to a legal hypothesis are the following: 2730. Any creditor in whose favour a court of competent jurisdiction in Québec has rendered a judgment ordering the payment of a sum of money may acquire a legal hypothesis concerning the movable or immovable property of his debtor. For example, it would be desirable for a creditor holding a judgment to publish the legal hypothesis and execute the judgment on the various seizures provided for by law by a judicial officer. 2726. A legal hypothesis in favour of persons involved in the construction or renovation of immovable property can only encumber the immovable property.

It is acquired only for the benefit of architects, engineers, material suppliers, workers, contractors or subcontractors, in connection with the work requested by the owner of the property or in connection with the materials or services they have provided or prepared for such work. It exists without the need to publish it. The legal hypothec may give the creditor the opportunity to file a mortgage claim against the debtor, or it may simply be published as a precautionary measure. It expires six months after the completion of the work, unless the creditor publishes a lawsuit against the owner of the property to store the mortgage or registers a notice of exercise of a hypothecary right. 2731. Unless the legal hypothec is that of the State or of a legal person governed by the public law, the court may, at the request of the owner of the property encumbered by a legal hypothec, determine the assets likely to encumber the hypothec, reduce the number of such assets or allow the applicant to replace the hypothec with another security; which is enough to secure the payment. It may then order the deletion of the registration of the legal hypothesis. These mortgages are acquired only by their entry in the corresponding register. The requirement for registration is made by submitting a communication indicating the mortgage law, the assets of the debtor against which the creditor wishes to assert it, the cause and the amount of the claim. The notice must be served on the debtor.

He acquires it by entering a notice indicating the asset encumbered by the hypothec and indicating the amount of the obligation and, in the case of alimony or alimony, the amount of payments and, where applicable, the indexation index. A copy of the judgment shall be attached to the communication; it must be served on the debtor. 3 ° The right of the syndicate of co-owners to the payment of common expenses and contributions to the emergency fund; For more information, do not hesitate to contact us. It is therefore a possible method of enforcing judgments, as well as a precautionary measure to guarantee the amount of the penalty in one way or another. In the event that the claim is less than $20,000.00, the legal assumption will only be published as a precautionary measure in a principal residence and may have no effect on mortgage relief. In other cases, the remedy will be the same as for other types of mortgages. 2732. A creditor who has registered his legal hypothec retains his resale right over movable property that is not transferred in the course of the activity of an enterprise in the same manner as if he were the holder of a traditional hypothec. 2728. The hypothec guarantees the capital gain granted to the immovable by means of the work, materials or services carried out or prepared for such work; However, if those for whom it exists have not themselves concluded a contract with the owner, it is limited to the works, materials or services that follow the written termination of the contract to the owner.

The employee is not obliged to terminate his contract. It shall be retained if, before the expiry of that period, a notice has been given with the name of the encumbered asset and the amount of the claim. The notification must be sent to the owner of the property. The registration by the State of a movable legal case for amounts due under tax legislation does not prevent it from relying on its overriding right. If the creditor is unable to enforce the judgment, he may, under certain conditions, bring a mortgage remedy. To do this, the debt established by the judgment must be greater than $20,000 if it is a principal residence. 2725. The legal situations of the State, including those relating to sums due under tax law, as well as the situations of legal persons governed by public law, may encumber movable or immovable property. Finally, it should be noted that the legal hypothesis has no value after a judgment if the debtor is placed under the protection of the Bankruptcy and Insolvency Act. 2729. The legal hypothesis of the syndicate of co-owners invoices the party of the co-owner in default for more than 30 days for the payment of his share of the common costs or his contribution to the emergency fund; It is acquired only by the presentation of a notice specifying the nature of the claim, the amount due on the date of registration of the notice, the taxes and claims for the current financial year and the following two years.

1 ° The claims of the State for the sums due under the tax legislation, as well as certain other claims of the State or legal persons of public law, which are specifically provided for by the special laws; LEGAL HYPOTHEC IN FAVOUR OF THE CREDITOR WHO RENDERS A JUDGMENT.