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

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SUCCESSION 195<br />

legal representatives may make the inventory at the expense of<br />

the institute, provided they notify him and the other interested<br />

persons.<br />

Any provision to the contrary is without effect.<br />

375 Once a year, the institute must notify the substitutes and<br />

the Public Curator of any change in the inventory and of the<br />

use he has made of the substituted property.<br />

Any provision to the contrary is without effect.<br />

376 The institute must perform all acts necessary to maintain<br />

and preserve the property.<br />

He must pay all fees and expenses chargeable to revenue<br />

which are due before the opening, except for reimbursement in<br />

proportion to the duration of his right.<br />

377 The institute receives money due, gives discharge for it,<br />

and exercises all judicial recourses related to it.<br />

378 With respect to his right to exploit mines, quarries and<br />

trees on the land subject to the substitution, the institute is<br />

subject to the rules governing usufruct.<br />

379 The institute may lease, hypothecate or alienate by<br />

onerous title the moveable or immoveable property of the<br />

substitution.<br />

The lessee, creditor or acquirer has a definitive right<br />

which is not affected by the right of the substitutes at the<br />

opening of the substitution.<br />

Except in cases of fraud, the substitutes have recourse<br />

only against the institute.<br />

Any provision to the contrary is without effect.

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