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

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104 THE FAMILY<br />

Section VI<br />

Accessory measures<br />

253 The court, in ordering separation as to bed and board or<br />

divorce, disposes of any accessory applications, particularly<br />

those respecting custody and education of the children,<br />

visiting rights, support due to the spouse, and the contribution<br />

of each consort toward maintenance of the dependent children,<br />

even those of major age.<br />

254 The court may order that the sums granted as support to<br />

the spouse and to the children be paid to the spouse himself or<br />

to a trustee in periodic instalments which may be replaced or<br />

completed by one or more lump sums.<br />

255 The court, on application by a consort who is separated<br />

or divorced, may also decide on similar measures after the<br />

judgment ordering separation or divorce is rendered.<br />

256 The court, in granting a divorce or subsequently, may,<br />

according to the circumstances, declare extinguished the right<br />

of the former consorts to claim support from each other.<br />

257 Except in the case considered in the preceding article,<br />

any provisional or accessory measures ordered by the court<br />

may be reviewed whenever any new fact so justifies.<br />

258 Review may be made notwithstanding appeal.<br />

If the appeal is allowed, the judgment pronouncing<br />

upon the application for review falls, subject to a new<br />

application.

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