However, the latter may not exercise the rights relating to a hypothec published by registration until a notice of replacement expressly mentioning the name of the replaced representative is entered in the registers in which the hypothec was so published.Except in the case of a movable hypothec with delivery, a hypothec in favour of a hypothecary representative must, on pain of absolute nullity, be granted by notarial act An immovable hypothec must, on pain of absolute nullity, be granted by notarial act An immovable hypothec is valid only so far as the constituting act describes in a precise manner the hypothecated property.Hypothecs on the present and future rents produced by an immovable and hypothecs on the indemnities paid under the insurance contracts covering the rents are considered to be immovable hypothecs.A movable hypothec without delivery shall, on pain of absolute nullity, be granted in writing.The act constituting a movable hypothec must contain a sufficient description of the hypothecated property or, in the case of a universality of movables, an indication of the nature of that universality.A movable hypothec charging the fruits and products of the soil, and the materials and other things forming an integral part of an immovable, takes effect when they become movables with a separate existence.
If the protection of the person is assumed by the mandatary himself, the tutor or curator to property is bound by the same obligations towards the mandatary.Acts performed before the homologation of the mandate may be annulled or the resulting obligations may be reduced, on the mere proof that the mandator’s incapacity was notorious or known to the other contracting party at the time that the acts were entered into.Unless otherwise stipulated in the mandate, the mandatary is authorized to perform, to his benefit, the obligations of the mandator provided in articles 2150 to 2152 and 2154.The mandate ceases to have effect when the court ascertains that the mandator has again become capable; the mandator may then revoke his mandate if he considers it appropriate to do so.If the director general of the health and social services establishment which provides care or services to the mandator becomes aware that the mandator has again become capable, he shall attest to such capacity in a report filed in the office of the court. The designation of a person as subrogated policyholder is always revocable.Where revocation is permitted, it may only result from a writing but it need not be express.A designation or revocation contained in a will that is null by reason of a defect of form is not null for that sole reason; such a designation or revocation is null, however, if the will is revoked.A designation or revocation made in a will does not avail against another designation or revocation subsequent to the signing of the will. The same description may be valid for two or more portions having the same characteristics.Concerning the maintenance log and the contingency fund study, see 2019, c. 28, s. 165(3). If he fails to obtain such approval, he may have the plan approved by the court.No usufructuary may extract minerals from the land subject to the usufruct except for the repair and maintenance of the land.However, where the extraction of minerals constituted a source of income for the owner before the opening of the usufruct, the usufructuary may continue the extraction in the same way as it was begun.The usufructuary, in the manner of an administrator of the property of others, makes an inventory of the property subject to his right unless the person constituting the usufruct has done so himself or has exempted him from doing so. The rules governing proceedings for separation from bed and board enacted by this Code and the rules of the Code of Civil Procedure (Divorce carries with it the dissolution of the matrimonial regime.The effects of the dissolution of the regime, as between the spouses, are retroactive to the date of the application, unless the court makes them retroactive to the date on which the spouses ceased sharing a community of life.The court may, however, when granting a divorce, declare such gifts lapsed or reduce them, or order the payment of gifts Divorce has the same effects with regard to the children as separation from bed and board.A civil union is a commitment by two persons 18 years of age or over who express their free and enlightened consent to share a community of life and to uphold the rights and obligations that derive from that status.A civil union may only be contracted between persons who are free from any previous bond of marriage or civil union and who in relation to each other are neither an ascendant or a descendant, nor a brother or a sister.A civil union must be contracted openly before an officiant competent to solemnize marriages and in the presence of two witnesses.No minister of religion may be compelled to solemnize a civil union to which there is an impediment according to the minister’s religion and the discipline of the religious society to which he or she belongs.Before proceeding with a civil union, the officiant ascertains the identity of the intended spouses as well as compliance with the conditions for the formation of a civil union and observance of formalities prescribed by law.The solemnization of a civil union is subject to the same rules, with the necessary modifications, as are applicable to the solemnization of a marriage, including the rules relating to prior publication.Any interested person may oppose a civil union between persons incapable of contracting a civil union, in particular if, in the person’s opinion, the consent of one of the intended spouses is likely not to be free or enlightened.A civil union is proved by an act of civil union, except where another mode of proof is authorized by law.Possession of the status of civil union spouses compensates for a defect of form in the act of civil union.The spouses in a civil union have the same rights and obligations.They owe each other respect, fidelity, succour and assistance.The effects of the civil union as regards the direction of the family, the exercise of parental authority, contribution towards expenses, the family residence, the family patrimony and the compensatory allowance are the same as the effects of marriage, with the necessary modifications.Whatever their civil union regime, the spouses may not derogate from the provisions of this article.A civil union creates a family connection between each spouse and the relatives of his or her spouse.A civil union regime may be created by and any kind of stipulation may be made in a civil union contract, subject to the imperative provisions of law and public order.Spouses who, before the solemnization of their civil union, have not so fixed their civil union regime are subject to the regime of partnership of acquests.Civil union regimes, whether legal or conventional, and civil union contracts are subject to the same rules as are applicable to matrimonial regimes and marriage contracts, with the necessary modifications.If spouses cannot agree as to the exercise of their rights and the performance of their duties, they or either of them may apply to the court, which will decide in the interest of the family after fostering conciliation of the parties.A civil union which is not contracted as prescribed by this Title may be declared null upon the application of any interested person, although the court may decide according to the circumstances.No action lies after the lapse of three years from the solemnization, except where public order is concerned, in particular if the consent of one of the spouses was not free or enlightened.The nullity of a civil union entails the same effects as the nullity of a marriage.A civil union is dissolved by the death of either spouse.