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

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276 PROPERTY<br />

372 A testamentary hypothec affects the property which the<br />

testator indicates.<br />

It cannot be general.<br />

373 A testamentary hypothec affects the property at the time<br />

of death, but it takes effect with respect to third parties only<br />

when it is published.<br />

374 Publication of a testamentary hypothec is effected by<br />

registration of the will and, if the property is not sufficiently<br />

designated, by registration of the declaration provided for in<br />

Article 381 and, where the law so requires, by the putting in<br />

possession.<br />

CHAPTER V<br />

PUBLICATION OF HYPOTHECS<br />

Section I<br />

General provisions<br />

375 A hypothec on immoveable property is published by<br />

registration.<br />

A hypothec on moveable property is published by the<br />

putting in possession, registration, or by both successively,<br />

provided the publication is uninterrupted.<br />

A floating hypothec is published in all cases by<br />

registration.<br />

376 A conventional hypothec on moveable property is<br />

extinguished, however, if it is not published within thirty days<br />

after it is granted.

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