Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

66 THE FAMILY
emphyteutic lessee of the principal family residence, or has a
right of use over it, may be annulled upon application by his
spouse, unless the spouse has ratified that act.
61 The declaration of residence is made by either consort in
the form of a notarial instrument en minute.
It contains the information necessary for registration.
62 The registration of a declaration of residence is cancelled,
at the request of any interested person, in the cases
provided for in Article 96 of the Book on Publication of
Rights.
63 The court orders the registration of a declaration of
residence cancelled in the cases provided for in Article 99 of
the Book on Publication of Rights.
64 In the case of separation as to bed and board, divorce or
annulment of marriage, the court, according to the conditions
it deems reasonable, may attribute the lease of the principal
family residence to the spouse of the lessee.
The attribution may be invoked against the lessor as
soon as a final judgment is served upon him, without prejudice
to his rights against the original lessee, until the expiry of the
term agreed upon or provided by law.
65 When the immoveable used as the principal family
residence is one upon which either consort or both consorts
have a right of ownership, the court, upon dissolution of the
matrimonial regime by death, divorce, separation as to bed
and board or annulment of the marriage, may attribute, on
conditions which it determines, the right of ownership or
habitation to either consort or, in the case of death, to the
survivor, upon payment of compensation if need be.
66 When the family residence cannot be suitably relocated,
the consort vested with the right by which the principal family