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

326 PROPERTY
Renunciation by the beneficiary has no effect unless it is
express and in writing; it may be made at any time.
621 If the beneficiary renounces, or if his right lapses for any
other reason, the following rules apply:
1. the right of the beneficiary of the income who is alone in
his degree passes to the beneficiary of the income in the
second degree or, if there is none, to the beneficiaries of
the capital, in proportion to their shares;
2. the right of one of the beneficiaries of the income passes
to his cobeneficiaries of the income, in proportion to
their shares;
3. the right of one of the beneficiaries of the capital passes
to his cobeneficiaries, in proportion to their shares.
622 Lapse of the right of the sole beneficiary of the capital,
by renunciation or for any other reason, terminates the trust,
and its property returns to the grantor or his successors.
This also applies when no beneficiary of the capital has
been named.
CHAPTER IV
ADMINISTRATION OF TRUSTS
623 The trustee must act in every respect in accordance with
the act constituting the trust.
624 The trustee has the rights and powers of a person
entrusted with full administration of the property of others,
and is subject to the same obligations.
625 The beneficiary is solidarily liable with the trustee if he
takes part in any act whose effect is to defraud a creditor of the
grantor or of the trust.