civil code of procedure

  in Egyéb - 2020-12-30

2648). A party adverse in interest may cross-examine an expert appointed by another party. The legal costs are borne by the plaintiff, subject to an agreement between the parties or a decision of the court. 3000). If the application relates to a protection mandate given in the presence of witnesses, a holograph will or a will made in the presence of witnesses, the notary confirms the existence of the document and determines whether it is valid. If the garnishee declares that the debtor works for the garnishee without being paid or for remuneration that is clearly less than the value of the services rendered, the bailiff or a creditor may ask the court to assess the value of the services rendered and determine a fair remuneration. However, before remitting the amount to a third person, the court hears the representations of the parties, the Class Action Assistance Fund and any other person whose opinion the court considers useful. The judgment is executed by filing with the court office a notice presenting the surety, or stating the intention of the person required to provide a suretyship to instead provide other sufficient security and specifying the nature of that security. The notary issues certified copies of the will and minutes of the probate to any interested person on request. 113, 114, 115, O.46, O.46); Caveat (Sec. THE FIRST SCHEDULE. authorization to consent to care that is not required by the state of health of a person under 14 years of age or incapable of giving consent, or authorization to consent to the alienation of a part of the body of a minor or an incapable person of full age; a declaratory judgment of death, the probate of a will, letters of verification or, in succession matters, the liquidation or the partition of a succession; the alteration of the register of civil status; tutorship to an absentee or to a minor, the emancipation of a minor or the protective supervision of or a protection mandate for a person of full age; the appointment, designation or replacement of any person that is required by law to be appointed, designated or replaced by the court on its own initiative or in the absence of an agreement between the interested parties, and applications of a similar nature relating to tutorship to a minor, the protective supervision of a person of full age, a succession or the administration of the property of others; the placement and adoption of a child and the assignment of a name to the child; a draft agreement that settles the consequences of a separation from bed and board, a divorce or the dissolution of a civil union; the administration of undivided property, of a trust or of the property of others; the acquisition by prescription of ownership in an immovable; registration in the land register or the register of personal and movable real rights or the correction, reduction or cancellation of an entry in either register; and. Expand sections by using the arrow icons. It cannot be presented if more than six months have elapsed since the judgment. The minutes are notified to the debtor and the seizing creditor, as well as to all creditors having rights in the seized property and to any third person appointed as custodian. In a proceeding involving a public interest issue, the court, even on its own initiative, may order the parties to invite the Attorney General of Québec to intervene as a party. The party may obtain and execute judgment for the remaining balance, without prejudice to its right to contest the remainder of the account. If the person refuses to submit to such an examination without valid cause, the pleading or affidavit is rejected. A judgment ordering individual recovery specifies what issues remain to be decided in order to determine individual claims. In the case of a sale by auction, the bailiff sets out in the notice of sale the nature of the property, the reserve price, if any, and sufficient information to allow bids to be made. Witnesses may be called to give an account of facts of which they have personal knowledge, to give an opinion as an expert or to produce a document or other evidence. If the bailiff is convinced that there is property of value on the debtor’s person, the bailiff may apply to the court for authorization to seize the property on the debtor’s person and to obtain the assistance of a peace officer if necessary. A party whose name is unknown or uncertain is sufficiently designated by a name that clearly identifies it. The chief justice or chief judge exercises the responsibilities conferred by this article personally, but may also ask a senior associate or associate chief justice or chief judge to exercise them. The same applies if the addressee is imprisoned or otherwise confined against their will, or if their true identity is unknown or uncertain. (Amendment integrated into the Civil Code, a. When seizing movable property of an enterprise, a road vehicle, other movable property which, according to the regulation under article 2683 of the Civil Code, may be hypothecated or a group of such items of property, the bailiff checks in the register of personal and movable real rights whether rights in the property have been granted. Even after the case management conference, the court may extend the time limit before it expires, if the parties show that it was impossible in fact, at the time of that conference, to properly assess how long they would need to ready the case for trial, or that circumstances unforeseeable at that time have since occurred. Section IV of chapter IX of Title II of Book VI application before the scheduled,. 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