Definition : Right of free disposal

Right granted to an owner to alienate by a contract (sale, donation) or by a unilateral act (will) a right of ownership, to transfer it into the patrimony of one or more other persons. The Charter of human rights and freedoms states that: Everyone has the right to the peaceful enjoyment and free disposal of his property, except to the extent provided by law. Article 947 of the Civil Code of Quebec states that: Ownership is the right to use, enjoy and dispose of property fully and freely, subject to the limits and conditions for doing so determined by law. Finally, article1063 of the Civil Code of Quebec stipulates that Each co-owner has the disposal of his fraction; he has free use and enjoyment of his private portion and of the common portions, provided he complies with the by-laws of the immovable and does not impair the rights of the other co-owners or the destination of the immovable.

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