Definition : Public order of direction

Legal principle that gives a mandatory value to a rule of law, without possibility of derogation, which entails the absolute nullity of a legal act contravening thereto. It is intended to protect the general interest of society, so that its confirmation or ratification is impossible. This nullity being a matter of public order of direction it can be raised ex officio by the court.

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  The co-owners have a legal proceeding when they oppose decisions taken by the general meeting of co-owners. They generally seek to contest decisions they consider unjustified. In order to promote the stability of the decisions made at the general meeting, the legislator allows such recourse only in certain circumstances. Thus, Article 1103 of the Civil Code of Québec provides that any co-owner may apply to the court to annul or, exceptionally, to amend a decision of the general meeting if the decision is biased, if it was taken with the intent to injure the co-owners or in contempt of their rights, or if an error was made in counting the votes.   
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