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

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THE FAMILY 69<br />

75 A matrimonial agreement must be attested to, on pain of<br />

absolute nullity, by a notarial deed en minute before the<br />

marriage is solemnized.<br />

A change made in a matrimonial agreement before the<br />

solemnization of the marriage must be attested to, on pain of<br />

absolute nullity, by a deed made in like form, in the presence<br />

and with the consent of all those whose rights are affected by<br />

the change.<br />

For a modification or suppression of a gift made to<br />

children to be born, such children are represented by the<br />

future consorts.<br />

76 During their marriage, consorts may change their<br />

matrimonial regime and any stipulation made in their matrimonial<br />

agreement and make any change respecting a gift or<br />

the status of specific property, provided the change does not<br />

compromise the interests of the family or the rights of their<br />

creditors.<br />

Gifts made in marriage contracts, including those made<br />

in contemplation of death, may be changed even if they are<br />

stipulated as irrevocable, provided the consent of those who<br />

accepted the gifts or that of their representatives is obtained.<br />

77 The agreements made between consorts under the<br />

preceding article must be attested to, on pain of absolute<br />

nullity, by a notarial deed en minute, and homologated by the<br />

court of their common domicile or of the domicile of either<br />

consort.<br />

78 An act made under Articles 75 and 77 has effect with<br />

respect to third parties, but only after a notice is caused to be<br />

registered by the parties in the central register of matrimonial<br />

regimes.

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