Civil Code of Québec, C.c.Q.
| Citation: | Civil Code of Québec, C.c.Q. | |
| Enabled Regulations: | 12 Regulations | |
| URL: | http://www.canlii.org/qc/laws/sta/ccq/20030530/part8.html | |
| Version downloaded by CanLII on 2003-05-30 | ||
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CIVIL CODE OF QUÉBEC
S.Q., 1991, c. 64.
updated to January 1, 2003
last amendment: June 24, 2002
BOOK EIGHT
PRESCRIPTION
TITLE ONE
RULES GOVERNING PRESCRIPTION
CHAPTER I
GENERAL PROVISIONS
2875.
Prescription is a means of acquiring or of being released by the lapse of time and according to the conditions fixed by law: prescription is called acquisitive in the first case and extinctive in the second.1991, c. 64, s. 2875.
2876.
That which is not an object of commerce, not transferable or not susceptible of appropriation by reason of its nature or appropriation may not be prescribed.1991, c. 64, s. 2876.
2877.
Prescription takes effect in favour of or against all persons, including the State, subject to express provision of law.1991, c. 64, s. 2877.
2878.
The court may not, of its own motion, supply the plea of prescription.However, it shall, of its own motion, declare the remedy forfeited where so provided by law. Such forfeiture is never presumed; it is effected only where it is expressly stated in the text.
1991, c. 64, s. 2878.
2879.
The period of time required for prescription is reckoned by full days. The day on which prescription begins to run is not counted in computing such period.Prescription is acquired only when the last day of the period has elapsed. Where the last day is a Saturday or a non-juridical day, prescription is acquired only on the following juridical day.
1991, c. 64, s. 2879.
2880.
Dispossession fixes the beginning of the period of acquisitive prescription.The day on which the right of action arises fixes the beginning of the period of extinctive prescription.
1991, c. 64, s. 2880.
2881.
Prescription may be pleaded at any stage of judicial proceedings, even in appeal, unless the party who has not pleaded prescription has, in light of the circumstances, demonstrated his intention of renouncing it.1991, c. 64, s. 2881.
2882.
A ground of defence that may be raised to defeat an action may still be invoked, even if the time for using it by way of a direct action has expired, provided such ground could have constituted a valid defence to an action at the time when it could have served as the basis of a direct action.Maintenance of this ground does not revive a direct action that is prescribed.
1991, c. 64, s. 2882.
CHAPTER II
RENUNCIATION OF PRESCRIPTION
2883.
Prescription may not be renounced in advance, but prescription which has been acquired or any benefit of time elapsed by which prescription has begun may be renounced.1991, c. 64, s. 2883.
2884.
No prescriptive period other than that provided by law may be agreed upon.1991, c. 64, s. 2884.
2885.
Renunciation of prescription is either express or tacit; tacit renunciation results from an act which implies the abandonment of an acquired right.However, renunciation of prescription which has been acquired in respect of immovable real rights shall be published at the registry office.
1991, c. 64, s. 2885.
2886.
A person who may not alienate may not renounce any prescription that is acquired.1991, c. 64, s. 2886.
2887.
Any person who has an interest in the acquisition of prescription may plead it, even if the debtor or the possessor renounces it.1991, c. 64, s. 2887.
2888.
Following renunciation, prescription begins to run again for the same period.1991, c. 64, s. 2888.
CHAPTER III
INTERRUPTION OF PRESCRIPTION
2889.
Prescription may be interrupted naturally or civilly.1991, c. 64, s. 2889.
2890.
Acquisitive prescription is interrupted naturally where the possessor is deprived of the enjoyment of the property for more than one year.1991, c. 64, s. 2890.
2891.
Extinctive prescription is interrupted naturally where the holder of a right, having failed to avail himself of it, exercises that right.1991, c. 64, s. 2891.
2892.
The filing of a judicial demand before the expiry of the prescriptive period constitutes a civil interruption, provided the demand is served on the person to be prevented from prescribing not later than sixty days following the expiry of the prescriptive period.Cross demands, interventions, seizures and oppositions are considered to be judicial demands. The notice expressing the intention by one party to submit a dispute to arbitration is also considered to be a judicial demand, provided it describes the object of the dispute to be submitted and is served in accordance with the rules and time limits applicable to judicial demands.
1991, c. 64, s. 2892.
2893.
Any application by a creditor to share in a distribution with other creditors also interrupts prescription.1991, c. 64, s. 2893.
2894.
Interruption does not occur if the application is dismissed, the suit discontinued or perempted.1991, c. 64, s. 2894.
2895.
Where the application of a party is dismissed without a decision having been made on the merits of the action and where, on the date of the judgment, the prescriptive period has expired or will expire in less than three months, the plaintiff has an additional period of three months from service of the judgment in which to claim his right.The same applies to arbitration; the three-month period then runs from the time the award is made, from the end of the arbitrators’ mandate, or from the service of the judgment annulling the award.
1991, c. 64, s. 2895.
2896.
An interruption resulting from a judicial demand continues until the judgment acquires the authority of a final judgment (res judicata) or, as the case may be, until a transaction is agreed between the parties.The interruption has effect with regard to all the parties in respect of any right arising from the same source.
1991, c. 64, s. 2896.
2897.
An interruption which results from the bringing of a class action benefits all the members of the group who have not requested their exclusion from the group.1991, c. 64, s. 2897.
2898.
Acknowledgement of a right, as well as renunciation of the benefit of a period of time which has elapsed, interrupts prescription.1991, c. 64, s. 2898.
2899.
A judicial demand or any other act of interruption against the principal debtor or against a surety interrupts prescription with regard to both.1991, c. 64, s. 2899.
2900.
Interruption with regard to one of the creditors or debtors of a solidary or indivisible obligation has effect with regard to the others.1991, c. 64, s. 2900.
2901.
Interruption with regard to one of the joint creditors or debtors of a divisible obligation has no effect with regard to the others.1991, c. 64, s. 2901.
2902.
Interruption with regard to one of the coheirs of a solidary creditor or debtor of a divisible obligation has effect, with regard to the other solidary creditors or debtors, only as regards the portion of that heir.1991, c. 64, s. 2902.
2903.
Following interruption, prescription begins to run again for the same period.1991, c. 64, s. 2903.
CHAPTER IV
SUSPENSION OF PRESCRIPTION
2904.
Prescription does not run against persons if it is impossible in fact for them to act by themselves or to be represented by others.1991, c. 64, s. 2904.
2905.
Prescription does not run against a child yet unborn.Nor does it run against a minor or a person of full age under curatorship or tutorship with respect to remedies he may have against his representative or against the person entrusted with his custody.
1991, c. 64, s. 2905.
2906.
Married or civil union spouses do not prescribe against each other during cohabitation.1991, c. 64, s. 2906; 2002, c. 6, s. 59.
2907.
Prescription does not run against an heir with respect to his claims against the succession.1991, c. 64, s. 2907.
2908.
A motion for leave to bring a class action suspends prescription in favour of all the members of the group for whose benefit it is made or, as the case may be, in favour of the group described in the judgment granting the motion.The suspension lasts until the motion is dismissed or annulled or until the judgment granting the motion is set aside; however, a member requesting to be excluded from the action or who is excluded therefrom by the description of the group made by the judgment on the motion, an interlocutory judgment or the judgment on the action ceases to benefit from the suspension of prescription.
In the case of a judgment, however, prescription runs again only when the judgment is no longer susceptible of appeal.
1991, c. 64, s. 2908.
2909.
Suspension of prescription of solidary claims and indivisible claims produces its effects in respect of creditors and debtors and their heirs in accordance with the rules applicable to interruption of prescription of such claims.1991, c. 64, s. 2909.
TITLE TWO
ACQUISITIVE PRESCRIPTION
CHAPTER I
CONDITIONS OF ACQUISITIVE PRESCRIPTION
2910.
Acquisitive prescription is a means of acquiring a right of ownership, or one of its dismemberments, through the effect of possession.1991, c. 64, s. 2910.
2911.
Acquisitive prescription requires possession in accordance with the conditions laid down in the Book on Property.1991, c. 64, s. 2911.
2912.
A successor by particular title may join to his possession that of his predecessors in order to complete prescription.A successor by universal title or by general title continues the possession of his predecessor.
1991, c. 64, s. 2912.
2913.
Detention does not serve as the basis for prescription, even if it extends beyond the term agreed upon.1991, c. 64, s. 2913.
2914.
A precarious title may be interverted by a title proceeding from a third person or by an act performed by the holder which is incompatible with precarious holding.Interversion renders the possession available for prescription from the time the owner learns of the new title or of the act of the holder.
1991, c. 64, s. 2914.
2915.
Third persons may prescribe against the owner of property during its dismemberment or when it is held precariously.1991, c. 64, s. 2915.
2916.
The institute and his successors by universal title or by general title do not prescribe against the substitute before the opening of the substitution.1991, c. 64, s. 2916.
CHAPTER II
PERIODS OF ACQUISITIVE PRESCRIPTION
2917.
The period for acquisitive prescription is ten years, except as otherwise fixed by law.1991, c. 64, s. 2917.
2918.
A person who has for ten years possessed an immovable as its owner may acquire the ownership of it only upon a judicial demand.1991, c. 64, s. 2918; 2000, c. 42, s. 10.
2919.
The possessor in good faith of movable property acquires the ownership of it by three years running from the dispossession of the owner.Until the expiry of that period, the owner may revendicate the movable property, unless it has been acquired under judicial authority.
1991, c. 64, s. 2919.
2920.
To prescribe, a subsequent acquirer need have been in good faith only at the time of the acquisition, even where his effective possession began only after that time.The same applies where there is joinder of possession, with respect to each previous acquirer.
1991, c. 64, s. 2920.
TITLE THREE
EXTINCTIVE PRESCRIPTION
2921.
Extinctive prescription is a means of extinguishing a right which has not been used or of pleading the non-admissibility of an action.1991, c. 64, s. 2921.
2922.
The period for extinctive prescription is ten years, except as otherwise fixed by law.1991, c. 64, s. 2922.
2923.
Actions to enforce immovable real rights are prescribed by ten years.However, an action to retain or obtain possession of an immovable may be brought only within one year from the disturbance or dispossession.
1991, c. 64, s. 2923.
2924.
A right resulting from a judgment is prescribed by ten years if it is not exercised.1991, c. 64, s. 2924.
2925.
An action to enforce a personal right or movable real right is prescribed by three years, if the prescriptive period is not otherwise established.1991, c. 64, s. 2925.
2926.
Where the right of action arises from moral, corporal or material damage appearing progressively or tardily, the period runs from the day the damage appears for the first time.1991, c. 64, s. 2926.
2927.
In an action in nullity of contract, the prescriptive period runs from the day the person invoking the cause of nullity becomes aware of such cause or, in the case of violence or fear, from the day it ceases.1991, c. 64, s. 2927.
2928.
The application by a surviving spouse for the fixing of the compensatory allowance is prescribed by one year from the death of his spouse.1991, c. 64, s. 2928.
2929.
An action for defamation is prescribed by one year from the day on which the defamed person learned of the defamation.1991, c. 64, s. 2929.
2930.
Notwithstanding any stipulation to the contrary, where an action is founded on the obligation to make reparation for bodily injury caused to another, the requirement that notice be given prior to the bringing of the action or that proceedings be instituted within a period not exceeding three years does not hinder a prescriptive period provided for by this Book.1991, c. 64, s. 2930.
2931.
In the case of a contract of successive performance, prescription runs in respect of payments due, even though the parties continue to perform one or another of their obligations under the contract.1991, c. 64, s. 2931.
2932.
In an action to reduce an obligation which is performed successively, the prescriptive period runs from the day the obligation becomes exigible, whether the obligation arises from a contract, the law or a judgment.1991, c. 64, s. 2932.
2933.
No holder may be released by prescription from the prestation attached to his detention; the amount may be prescribed, however, as may the instalments.1991, c. 64, s. 2933.
