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

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154 SUCCESSION<br />

The administrator is appointed, on motion, by the court<br />

of the place where the succession devolved.<br />

147 The beneficiary heir may also absolve himself of the<br />

duty of administering and winding up the succession by<br />

having an administrator appointed in the manner provided in<br />

chapter V of this Title.<br />

148 Unless the court orders to the contrary, the administrator<br />

appointed in the circumstances provided for in Articles<br />

146 and 147 has the same powers over the property of the<br />

succession as does the beneficiary heir, and is bound by the<br />

same obligations.<br />

He must render an account of his administration in the<br />

same manner as the beneficiary heir.<br />

Section V<br />

Vacant successions<br />

149 A succession is presumed vacant if all the known heirs<br />

have renounced it, or if no heir has claimed it after six months<br />

following the period during which the first heirs called may<br />

exercise their option.<br />

150 A declaration that a succession is vacant is obtained in<br />

the manner prescribed by the <strong>Code</strong> of <strong>Civil</strong> Procedure.<br />

151 The Public Curator is ex officio curator to every succession<br />

presumed or declared vacant.<br />

152 The curatorship terminates when a regular heir who<br />

establishes his quality presents himself to take possession of<br />

the property.<br />

If no spouse, relative or known legatee accepts the<br />

succession, the Crown in right of the province may have the<br />

curatorship terminated and obtain possession.

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