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CCQ updated on

  • 2011.08.25

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Recently Annotated Sections

Table of Contents

Book six - Prior claims and hypothecs

Title three - Hypothecs

Chapter iv - Certain effects of hypothecs

Division i - General provisions

Section 2734

2734. Neither the grantor nor his successor may destroy or deteriorate the hypothecated property or materially reduce its value except by normal use or in case of necessity.
Where he suffers a loss, the creditor may, in addition to his other remedies, and even though his claim is neither liquid nor exigible, recover damages and interest in compensation up to the amount of his claim and with the same right of hypothec; the amount so collected is imputed upon his claim.
[1991, c. 64, a. 2734].

Court of Appeal of Quebec

  1. Doré c. Construction Gaétan Savard inc., 2005 QCCA 1231 (CanLII), 2005-12-15

  2. Cie Trust Royal c. Pinkerton Flowers Ltd, 2004 CanLII 16287 (QC C.A.), 2004-04-06

  3. Méthot c. Banque fédérale de développement du Canada, 2006 QCCA 648 (CanLII), 2006-04-24