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 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 meeting of co-owners, 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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