News

September 2010

REGISTER OF PERSONAL AND MOVABLE REAL RIGHTS

Over ten (10) years ago, the Civil Code of Québec was amended to stipulate that all instalment and conditional sales contracts and other sales with reserved property rights had to be registered with the RDPRM by September 17, 2000, to ensure that the property rights of the supplier or conditional seller are not binding upon third parties. Such property right reservations were generally extended for a ten-year period and therefore expire in 2010.

If you are a supplier and your sales or new account contracts stipulate reserved property rights for the items you deliver to your clients, you should check the expiry dates of the contract registrations to determine whether or not they should be renewed for an additional ten (10) years or a different period of time.

If you require assistance in renewing your registrations, do not hesitate to contact Me. Robert Faguy in our Montréal office at (514) 735-0099.

LAW COLUMN 01/2012

Can work carried out for speculative purposes lead to a legal construction hypothec?

Excavation contractors and especially firms that carry out earthwork and levelling must therefore be aware of the context in which their services are engaged.

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Get a copy of the bond!

A. Électrique inc. has just been awarded the largest contract in its history from general contractor Miserly Construction. Upon signing the contract, Miserly insisted on including a clause by which André waived his right to file a legal construction hypothec in exchange for a bond guaranteeing the material and labour provided by A. Électrique inc. Thrilled with the new contract, André neglected to obtain a copy of the bond when signing the contract...

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