Section 36: Homologation
consolidated text (as at 2011). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
36. Homologation
(1) (a) In the case provided for in section 35 (2), the notary shall lay
before the Judge the deed of partition, together with any memorandum
drawn up by him, and the Judge, after hearing any of the parties who attend
on the day fixed by the notary, or any other day appointed by the Judge, and
after reference to the Ministère Public where minors are concerned, may
homologate the deed of partition.
(b) The costs occasioned by an objection raised before the Judge
shall be dealt with as provided in section 34 (1).
(2) Section 34 (2) shall apply to proceedings before the Judge under
subsection (1).
PART II – SMALL SUCCESSIONS
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Questions this section answers
- When must a deed of partition be homologated by a Judge?