Canada: La Cour Supérieure Du District De Saint-François (Sherbrooke) Maintient Sa Position Quant À La Nécessité Du Préavis D’exercice D’un Recours Hypothécaire En Vertu Du Code Civil Du Québec

La Cour supérieure du district de Saint-François (Sherbrooke) maintient sa position quant à la nécessité du préavis d'exercice d'un recours hypothécaire en vertu du Code civil du Québec lors d'une demande pour nomination d'un séquestre en vertu de l'article 243 LFI et autorisation de disposer des actifs de la débitrice.

Avant de rendre sa décision, la Cour fait état de la « controverse jurisprudentielle » quant à la nécessité de signifier au préalable les préavis d'exercice du droit hypothécaire du Code civil du Québec avant d'être autorisé à procéder à une vente d'actifs en vertu de l'article 243 LFI. Trois (3) décisions en c

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