Code of Civil Procedure, 2014

760. The sale may be annulled on the application of the purchaser if the latter is liable to eviction by reason of some real right not discharged by the sale, or if the property differs so much from the description given in the notice of sale or the minutes of seizure that it is to be presumed that the purchaser would not have bought it had the purchaser been aware of the true description. The sale may also be annulled on the application of the debtor or a creditor if the property is sold for a price that is clearly unreasonable given market conditions or if the sale is affected by serious irregularities that could not, despite reasonable diligence, be raised before the sale. The application for the annulment of a sale must be notified within 20 days after the sale in the case of movable property, or within 60 days after the sale in the case of immovable property. These are strict time limits. On the expiry of the time limits, the court clerk may, on request, issue a certificate attesting that no application for the annulment of the sale has been filed. 2014, c. 1, a. 760.

761. The sale of property is considered to have been made at a commercially reasonable price if, in light of the specific circumstances of the sale, the sale price corresponds, to the extent possible, to the market value of the property. In the case of an immovable, the sale price may in no case be lower than 50% of its assessed value as entered on the municipal assessment roll, multiplied by the factor determined for that roll by the minister responsible for municipal affairs under the Act respecting municipal taxation (chapter F-2.1), unless the court is convinced that the immovable cannot be sold within an acceptable time for such a price. 2014, c. 1, a. 761.

762. A bailiff who sells property following a judicial authorization or a seizure or who seizes sums of money is responsible for distributing the proceeds of the sale or the sums seized to the creditors. A bailiff or a court clerk who periodically collects income of a debtor is responsible for distributing the sums collected to the creditors. If the bailiff considers it necessary, the bailiff may retain the services of a lawyer or a notary to assist in preparing the collocation scheme, or ask the court for any order to facilitate the distribution of the proceeds of the sale or the sums seized. 2014, c. 1, a. 762.

763. Within 30 days after the sale is made, the sums of money seized are remitted to the bailiff or an affirmative declaration is made by the garnishee, the bailiff files a report with the court office, attaching all supporting documents, including any appraisal obtained beforehand, the confirmation given by the dealer in charge of the sale of securities or security entitlements listed and traded on a stock exchange, or the statement certified by the registrar. The report states the names and contact information of the debtor and of the seizing creditor as well as those of the garnishee if property has been seized in the hands of a third person and those of the purchaser if a sale has occurred. If applicable, the report records the garnishee’s declaration and the fact that it was not contested, and sets out the terms and conditions of the sale. It refers to the minutes of seizure and the publications made, mentions any opposition filed, and specifies all sums obtained; it mentions any minutes drawn up in the course of execution. If two or more persons are entitled to the proceeds of the sale or the sums seized, it must also include a collocation scheme. 2014, c. 1, a. 763.

764. For the preparation of the report, the bailiff may call a creditor to attend in order to be examined on facts relating to an encumbrance mentioned in the statement certified by the registrar or a claim filed in the record. An admission by the creditor has full effect against the creditor without any further proceeding or formality. 2014, c. 1, a. 764.

765. The bailiff’s report is notified to the debtor, to the creditors entitled to the proceeds of the sale or the sums seized, to the creditors whose rights are registered in the land register or the register of personal and movable real rights, and, in the case of an immovable, to the municipality and the school service centre or school board in whose territory the immovable is located. 2014, c. 1, a. 765; 2020, c. 1, s. 310.

766. The collocation scheme states the names and contact information of the creditors, the nature of their claim, the date of the title and of its registration, if applicable, and the amount to which each creditor is entitled. It specifies, for each creditor, whether the claim pertains to the whole amount to be distributed or only to the proceeds of the sale of a particular item of property or of part of an item of property. The scheme determines the order of collocation according to the rank of the creditors, as follows: (1) execution costs, in the following order: — the cost of the bailiff’s report; — the cost of the sale and the cost of distributing the proceeds of the sale or the sums seized; — the cost of the seizure, including the cost of any post-judgment examination, and costs relating to the transportation and safekeeping of the property; — the professional fee and other expenses of the bailiff; — the cost of incidental proceedings subsequent to the judgment; and — the legal costs, if any, of the seizing creditor; (2) prior claims against the property sold; (3) hypothecary claims against the property sold; (4) unsecured claims. If an opposition to the seizure was made tardily by a person revendicating the property or holding a real right in the property, and the opposition was allowed after the sale, the bailiff enters the person’s claim in the collocation scheme, according to the person’s rank. 2014, c. 1, a. 766.

767. If there are indeterminate or unliquidated claims, the bailiff must reserve a sum sufficient to cover them out of the available moneys; the sum is deposited in a trust account until the claims are determined or liquidated, unless a judge orders otherwise. If there are conditional claims, the creditors concerned are collocated according to their rank, but the amount of their claims is paid to subsequent creditors whose claims are payable, provided they give security, within the month following notification of the bailiff’s report, for the return of the money when the condition is fulfilled. If the subsequent creditors fail to give security, or if there are no subsequent creditors, the amount is paid to the debtor, on condition of security being given, or, if the debtor fails to give security, to the conditional creditors, on condition of security being given for the return of the money in the event that the condition fails or becomes impossible, and paying interest to the bailiff, who distributes the interest to the creditors or remits it to the debtor after satisfying the creditors. If there is a hypothecary claim with a term of payment, it becomes due on the sale of the hypothecated immovable, and is collocated accordingly. 2014, c. 1, a. 767.

768. If two or more items of property separately charged with different claims are sold for an aggregate price or if a creditor has a claim against part only of an item of property, the bailiff prorates the amount to be distributed if it is insufficient, and obtains an expert opinion if the record does not contain sufficient information. The share to be given to each creditor is calculated by determining the value of each item or part of property in relation to the value of the whole. 2014, c. 1, a. 768.

769. The bailiff, on their own initiative or on the request of an interested person, may revise the collocation scheme if it contains an error, in which case the bailiff is required to notify the collocation anew and file it with the court office. 2014, c. 1, a. 769.

770. Within 10 days after notification of the bailiff’s report or the revised collocation scheme, any interested person may contest the scheme and ask the court for a determination of the persons to whom the proceeds of the sale and the sums seized are to be distributed. The application is notified to the bailiff and to all those who received the bailiff’s report. On such notification, the bailiff stays the distribution proceedings either entirely or only for the contested claim and subsequent claims. 2014, c. 1, a. 770.

771. If there is no contestation or as soon as a judgment is rendered dismissing the contestation, the bailiff distributes the proceeds of the sale and the sums seized without delay, as provided in the bailiff’s report. 2014, c. 1, a. 771.

772. Periodically seized or collected income must be distributed to the creditors by the bailiff or, as applicable, by the court clerk at least quarterly, but in the case of a support creditor, at least monthly. 2014, c. 1, a. 772.

773. While a seizure of income remains binding, not only the seizing creditor but all creditors may participate in the distribution of the income; they must however have notified their claim, setting out the nature, date and amount of the debt, to the bailiff or the court clerk and to the debtor, the seizing creditor and the garnishee, and have provided supporting documents. In the absence of supporting documents, the claim is not admissible, unless it is established to the satisfaction of the court that it is impossible for the creditor to produce such documents. 2014, c. 1, a. 773.

774. A claim bears interest from the date it was notified to the bailiff or the court clerk, at the lesser of the legal rate and the rate agreed between the parties; no claim relating to the difference between the interest rate agreed between the parties and the legal rate, for any period during which the legal rate is applicable, may be accepted. 2014, c. 1, a. 774.

775. Any interested party may, within 15 days after receiving notification of a creditor’s claim, contest the claim by notifying the contestation to the bailiff or the court clerk, the debtor and the seizing creditor. The bailiff or the court clerk retains the sums the creditor would have been entitled to until a decision is rendered on the contestation. 2014, c. 1, a. 775.

776. The bailiff or the court clerk distributes seized income according to the following order of collocation: (1) execution costs, including the cost of administering an instalment payment agreement and distributing the seized income, if applicable; (2) support claims, for the difference between the portion of the income seized by reason of the particular nature of the claim and the portion of income that is ordinarily seizable, in proportion to the amount of the claims; (3) prior claims; (4) hypothecary claims; and (5) unsecured claims. In all cases, the bailiff or the court clerk pays to a support creditor, out of the portion of income that is ordinarily seizable, the amount required to make the total amount distributed to that creditor equal to at least one-half of the sums distributed every month, up to the amount of support due. However, a spouse’s claim based on a marriage or civil union contract cannot be paid until all other claims have been discharged. When the full amount of a claim has been paid to the creditor, the bailiff or the court clerk notifies a notice of payment to the debtor and the creditor. If the notice is not contested by the creditor within 15 days after the notification, the bailiff or the court clerk may, on request, give an acquittance by certifying on the debtor’s copy of the notice of payment that it has not been contested. 2014, c. 1, a. 776.

777. The Minister of Justice may, when required by the situation, determine by order the cases and circumstances in which a court clerk may, in the bailiff’s place, administer and distribute seized income, and determine the applicable conditions. 2014, c. 1, a. 777.

778. In any Act or statutory instrument, the following terminological changes are made, with the necessary modifications: (1) “recours collectif” in the French text, and “recours” in the French text when it means “recours collectif”, are replaced by “action collective” and “action”, respectively; (2) “distress warrant”, “writ”, “writ of execution”, “writ of seizure”, “writ of seizure in execution”, “writ of seizure in execution of an immovable”, “writ of seizure in execution of movable property”, “writ of seizure of immovables”, “writ of seizure of movable property”, “writ of seizure of movable property in execution”, and “writ of seizure of property” are replaced by “notice”, “notice of execution” or “order”, depending on the context, if a substitution is necessary, and if not, they are struck out; (3) “juridiction” in the French text, when referring to the jurisdiction of a court of justice or an administrative tribunal, is replaced by “compétence”; (4) “extrajudicial costs”, “extrajudicial fees”, “extra-judicial professional fees”, are replaced by “professional fees”, and “judicial fees” is struck out; (5) “juridical day” is replaced by “working day” and “non-juridical day” is replaced by “holiday”; (6) “mandate given in the anticipation of the mandator’s incapacity” or the equivalent is replaced by “protection mandate”; (7) “writ of seizure by garnishment” and “writ of attachment” are replaced by “order to seize property in the hands of a third person”; (8) “writ of possession” and “writ in an action of ejectment” are replaced by “eviction order”; (9) “writ of habeas corpus” is replaced by “habeas corpus order”; (10) “certified mail”, “certified or registered mail”, “registered or certified mail”, “registered or certified post”, “registered letter”, “registered or certified letter”, “registered mail”, “certified or registered letter” and “recommended or certified mail” are replaced by “registered mail”; (11) any text, whether or not it contains an express reference to the Code of Civil Procedure (chapter C-25), that mentions an action or a recourse under article 33 of the Code of Civil Procedure, an extraordinary recourse or remedy provided for or within the meaning of the Code of Civil Procedure or an extraordinary recourse contemplated, provided or provided for in or provided by articles 834 to 850 of the Code of Civil Procedure is replaced by “application for judicial review under the Code of Civil Procedure (chapter C-25.01)”; (12) “minutes of the determination of the boundaries”, “minutes of determination of boundaries”, “minutes of boundary determination”, “minutes of a boundary determination” are replaced by “minutes of the boundary-marking operations”; (13) “rules of practice” is replaced by “court regulations” or “tribunal regulations” as appropriate; (14) “sale by judicial authority” and “judicial sale” are replaced by “sale under judicial authority”. 2014, c. 1, a. 778.

779. (Amendment integrated into c. A-32 s. 358; C-23.1, s. 86; C-25.1, aa. 265, 291 and 367; C-26, s. 194; E-20.1, s. 74.4; R-9, s. 28; S-11.011, s. 16.1; S-29.01, s. 244). 2014, c. 1, a. 779.

780. (Amendment integrated into c. C-19, ss. 14.1, 468.45.8, 568, 569 and 573.3.4; C-27.1, aa. 19, 614.8, 938.4, 1082 and 1094; C-37.01, s. 118.2; C-37.02, s. 111.2; S-30.01, s. 108.2; T-14, s. 6, V-6.1, ss. 204 and 358). 2014, c. 1, a. 780.

781. (Amendment integrated into c. A-6.002, s. 41; B-1.1, s. 146; E-2.2, ss. 37 and 657; E-3.3, s. 573; F-3.1.1, s. 114; R-8.1, s. 18; T-12, s. 86; V-5.01, s. 53). 2014, c. 1, a. 781.

782. In any Act or statutory instrument, a reference to a provision of the former Code is replaced by a reference to the corresponding provision of the new Code. 2014, c. 1, a. 782.

783. Before updating the Compilation of Québec Laws and Regulations to enter the changes made necessary by the replacement of concepts predating the new Code of Civil Procedure (chapter C-25.01), the Minister of Justice publishes, on the website of the Québec Official Publisher, at least six months before the planned update, a consultation document explaining the nature and scope of the updating operations the Minister plans to carry out. The Minister tables the consultation document in the National Assembly. The Minister subsequently receives any comments submitted and publishes an information note prior to the publication of the update of the compilation, as required by section 4 of the Act respecting the Compilation of Québec Laws and Regulations (chapter R-2.2.0.0.2). 2014, c. 1, a. 783.

784. (Amendment integrated into the Civil Code, a. 234). 2014, c. 1, a. 784.

785. (Amendment integrated into the Civil Code, a. 237). 2014, c. 1, a. 785.

786. (Amendment integrated into the Civil Code, aa. 568 and 574 — French). 2014, c. 1, a. 786.

787. (Amendment integrated into the Civil Code, a. 596.1). 2014, c. 1, a. 787.

788. (Amendment integrated into the Civil Code, a. 978). 2014, c. 1, a. 788.

789. (Amendment integrated into the Civil Code, a. 1529). 2014, c. 1, a. 789.

790. (Amendment integrated into the Civil Code, a. 1605). 2014, c. 1, a. 790.

791. (Amendment integrated into the Civil Code, a. 1641). 2014, c. 1, a. 791.

792. (Amendment integrated into the Civil Code, a. 1644). 2014, c. 1, a. 792.

793. (Amendment integrated into the Civil Code, a. 1758). 2014, c. 1, a. 793.

794. (Amendment integrated into the Civil Code, heading of Section IV of Chapter IX of Title II of Book V). 2014, c. 1, a. 794.

795. (Amendment integrated into the Civil Code, a. 2166). 2014, c. 1, a. 795.

796. (Amendment integrated into the Civil Code, a. 2387). 2014, c. 1, a. 796.

797. (Amendment integrated into the Civil Code, a. 2648). 2014, c. 1, a. 797.

798. (Amendment integrated into the Civil Code, a. 2718). 2014, c. 1, a. 798.

799. (Amendment integrated into the Civil Code, a. 2759). 2014, c. 1, a. 799.

800. (Amendment integrated into the Civil Code, a. 2787). 2014, c. 1, a. 800.

801. (Amendment integrated into the Civil Code, a. 2791). 2014, c. 1, a. 801.

802. (Amendment integrated into the Civil Code, a. 2793). 2014, c. 1, a. 802.

803. (Amendment integrated into the Civil Code, a. 2794). 2014, c. 1, a. 803.

804. (Amendment integrated into the Civil Code, a. 2892). 2014, c. 1, a. 804.

805. (Amendment integrated into the Civil Code, a. 2908). 2014, c. 1, a. 805.

806. (Amendment integrated into the Civil Code, a. 2958). 2014, c. 1, a. 806.

807. (Amendment integrated into the Civil Code, a. 2996). 2014, c. 1, a. 807.

808. (Amendment integrated into the Civil Code, a. 3000). 2014, c. 1, a. 808.

809. (Amendment integrated into the Civil Code, a. 3017). 2014, c. 1, a. 809.

810. (Amendment integrated into the Civil Code, a. 3069). 2014, c. 1, a. 810.

811. (Amendment integrated into c. A-13.1.1, s. 103.1). 2014, c. 1, a. 811.

812. (Amendment integrated into c. A-13.3, a. 31.0.1). 2014, c. 1, a. 812.

813. (Amendment integrated into c. A-14, s. 4.6). 2014, c. 1, a. 813.

814. (Amendment integrated into c. A-29.011, a. 31.1). 2014, c. 1, a. 814.

815. (Amendment integrated into c. B-1, s. 1). 2014, c. 1, a. 815.

816. (Amendment integrated into c. B-1, heading of Division XII). 2014, c. 1, a. 816.

817. (Amendment integrated into c. B-1, s. 125). 2014, c. 1, a. 817.

818. (Amendment integrated into c. B-1, s. 126). 2014, c. 1, a. 818.

819. (Amendment integrated into c. B-1, s. 127.1). 2014, c. 1, a. 819.

820. (Amendment integrated into c. C-25.1, a. 330). 2014, c. 1, a. 820.

821. (Amendment integrated into c. C-25.1, a. 331). 2014, c. 1, a. 821.

822. (Repealed). 2014, c. 1, a. 822; 2014, c. 10, s. 6.

823. (Amendment integrated into c. H-4.1, s. 13). 2014, c. 1, a. 823.

824. (Omitted). 2014, c. 1, a. 824.

825. (Amendment integrated into c. P-34.1, s. 82). 2014, c. 1, a. 825.

826. (Amendment integrated into c. P-34.1, s. 85). 2014, c. 1, a. 826.

827. (Amendment integrated into c. R-2.1, Title of the Act). 2014, c. 1, a. 827.

828. (Amendment integrated into c. R-2.1, s. 20). 2014, c. 1, a. 828.

829. (Amendment integrated into c. T-16, s. 12). 2014, c. 1, a. 829.

830. (Amendment integrated into c. T-16, s. 146). 2014, c. 1, a. 830.

831. (Amendment integrated into c. T-16, s. 147). 2014, c. 1, a. 831.

832. (Amendment integrated into c. B-1, r. 22). 2014, c. 1, a. 832.

833. The new Code of Civil Procedure (chapter C-25.01) replaces the former Code of Civil Procedure (chapter C-25). The Code applies as soon as it comes into force. However, (1) in first instance, originating applications that have already been filed continue to be governed by the former Code solely as regards agreements concerning the conduct of the proceeding and the presentation of the application before the court and time limits; (2) cases that would be under the jurisdiction of a different court continue before the court already seized of the matter and those that would be under the jurisdiction of the Small Claims Division of the Court of Québec continue before the division of the Court of Québec already seized of the matter; (3) in appeal, the time limits for preparing the appeal record continue to apply to cases already in appeal; (4) if already under way, the execution of a judgment, of a decision or of a juridical act that has the same force and effect as a judgment continues in accordance with the former Code, except in the case of execution proceedings already under way in accordance with the rules governing voluntary deposit; (5) for the purposes of Book VIII, until an order of the Minister of Justice is published in the Gazette officielle du Québec indicating that the sales register is operational, the publication of notices in the sales register is to be as follows: (a) the notice preceding the sale, required by article 748, is to be published in accordance with the rules established by the new Code for notification by public notice and to be notified to the persons mentioned in the second paragraph of article 749; (b) the notice indicating that the sale will not take place or is suspended, if such is the case, is to be notified to the persons to whom the notice of sale was notified; (c) the notice following the sale, required by article 757, is to be filed at the office of the court where the notice of execution is filed; (d) a notice of sale published before the date set in the ministerial order is not required to be published in the sales register; the rules prescribed in subparagraphs b and c apply in such a case, with the necessary modifications. 2014, c. 1, a. 833.

834. The Government may, by a regulation made before 1 January 2016, adopt any other transitional or consequential provision or any measure that is necessary to facilitate the carrying out of Book VIII of the new Code of Civil Procedure (chapter C-25.01). 2014, c. 1, a. 834.

835. In any Act or statutory instrument, summoning a person by a summons, subpoena or writ or by any other means is equivalent to calling a person to attend at court by a subpoena and a pleading cannot be invalidated for the sole reason that it is identified by any of these other terms rather than as a subpoena or, conversely, as a subpoena rather than by any of these other terms. In addition, in any Act or statutory instrument, except where the law requires that service be made by bailiff, the service of a pleading is equivalent to its notification and, subject to the same exception, the notification of a pleading cannot be invalidated for the sole reason that it is referred to as service nor can the service of a pleading be invalidated for the sole reason that it is referred to as notification. 2014, c. 1, a. 835.

836. (Omitted). 2014, c. 1, a. 836.

(Article 494) CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS (Concluded 15 November 1965) The States signatory to the present Convention, Desiring to create appropriate means to ensure that judicial and extrajudicial documents to be served abroad shall be brought to the notice of the addressee in sufficient time, Desiring to improve the organisation of mutual judicial assistance for that purpose by simplifying and expediting the procedure, Have resolved to conclude a Convention to this effect and have agreed upon the following provisions: Article 1 The present Convention shall apply in all cases, in civil or commercial matters, where there is occasion to transmit a judicial or extrajudicial document for service abroad. This Convention shall not apply where the address of the person to be served with the document is not known. CHAPTER I – JUDICIAL DOCUMENTS Article 2 Each Contracting State shall designate a Central Authority which will undertake to receive requests for service coming from other Contracting States and to proceed in conformity with the provisions of Articles 3 to 6. Each State shall organise the Central Authority in conformity with its own law. Article 3 The authority or judicial officer competent under the law of the State in which the documents originate shall forward to the Central Authority of the State addressed a request conforming to the model annexed to the present Convention, without any requirement of legalisation or other equivalent formality. The document to be served or a copy thereof shall be annexed to the request. The request and the document shall both be furnished in duplicate. Article 4 If the Central Authority considers that the request does not comply with the provisions of the present Convention it shall promptly inform the applicant and specify its objections to the request. Article 5 The Central Authority of the State addressed shall itself serve the document or shall arrange to have it served by an appropriate agency, either – a) by a method prescribed by its internal law for the service of documents in domestic actions upon persons who are within its territory, or b) by a particular method requested by the applicant, unless such a method is incompatible with the law of the State addressed. Subject to sub-paragraph (b) of the first paragraph of this Article, the document may always be served by delivery to an addressee who accepts it voluntarily. If the document is to be served under the first paragraph above, the Central Authority may require the document to be written in, or translated into, the official language or one of the official languages of the State addressed. That part of the request, in the form attached to the present Convention, which contains a summary of the document to be served, shall be served with the document. Article 6 The Central Authority of the State addressed or any authority which it may have designated for that purpose, shall complete a certificate in the form of the model annexed to the present Convention. The certificate shall state that the document has been served and shall include the method, the place and the date of service and the person to whom the document was delivered. If the document has not been served, the certificate shall set out the reasons which have prevented service. The applicant may require that a certificate not completed by a Central Authority or by a judicial authority shall be countersigned by one of these authorities. The certificate shall be forwarded directly to the applicant. Article 7 The standard terms in the model annexed to the present Convention shall in all cases be written either in French or in English. They may also be written in the official language, or in one of the official languages, of the State in which the documents originate. The corresponding blanks shall be completed either in the language of the State addressed or in French or in English. Article 8 Each Contracting State shall be free to effect service of judicial documents upon persons abroad, without application of any compulsion, directly through its diplomatic or consular agents. Any State may declare that it is opposed to such service within its territory, unless the document is to be served upon a national of the State in which the documents originate. Article 9 Each Contracting State shall be free, in addition, to use consular channels to forward documents, for the purpose of service, to those authorities of another Contracting State which are designated by the latter for this purpose. Each Contracting State may, if exceptional circumstances so require, use diplomatic channels for the same purpose. Article 10 Provided the State of destination does not object, the present Convention shall not interfere with – a) the freedom to send judicial documents, by postal channels, directly to persons abroad, b) the freedom of judicial officers, officials or other competent persons of the State of origin to effect service of judicial documents directly through the judicial officers, officials or other competent persons of the State of destination, c) the freedom of any person interested in a judicial proceeding to effect service of judicial documents directly through the judicial officers, officials or other competent persons of the State of destination. Article 11 The present Convention shall not prevent two or more Contracting States from agreeing to permit, for the purpose of service of judicial documents, channels of transmission other than those provided for in the preceding Articles and, in particular, direct communication between their respective authorities. Article 12 The service of judicial documents coming from a Contracting State shall not give rise to any payment or reimbursement of taxes or costs for the services rendered by the State addressed. The applicant shall pay or reimburse the costs occasioned by – a) the employment of a judicial officer or of a person competent under the law of the State of destination, b) the use of a particular method of service. Article 13 Where a request for service complies with the terms of the present Convention, the State addressed may refuse to comply therewith only if it deems that compliance would infringe its sovereignty or security. It may not refuse to comply solely on the ground that, under its internal law, it claims exclusive jurisdiction over the subject-matter of the action or that its internal law would not permit the action upon which the application is based. The Central Authority shall, in case of refusal, promptly inform the applicant and state the reasons for the refusal. Article 14 Difficulties which may arise in connection with the transmission of judicial documents for service shall be settled through diplomatic channels. Article 15 Where a writ of summons or an equivalent document had to be transmitted abroad for the purpose of service, under the provisions of the present Convention, and the defendant has not appeared, judgment shall not be given until it is established that – a) the document was served by a method prescribed by the internal law of the State addressed for the service of documents in domestic actions upon persons who are within its territory, or b) the document was actually delivered to the defendant or to his residence by another method provided for by this Convention, and that in either of these cases the service or the delivery was effected in sufficient time to enable the defendant to defend. Each Contracting State shall be free to declare that the judge, notwithstanding the provisions of the first paragraph of this Article, may give judgment even if no certificate of service or delivery has been received, if all the following conditions are fulfilled – a) the document was transmitted by one of the methods provided for in this Convention, b) a period of time of not less than six months, considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document, c) no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities of the State addressed. Notwithstanding the provisions of the preceding paragraphs the judge may order, in case of urgency, any provisional or protective measures. Article 16 When a writ of summons or an equivalent document had to be transmitted abroad for the purpose of service, under the provisions of the present Convention, and a judgment has been entered against a defendant who has not appeared, the judge shall have the power to relieve the defendant from the effects of the expiration of the time for appeal from the judgment if the following conditions are fulfilled – a) the defendant, without any fault on his part, did not have knowledge of the document in sufficient time to defend, or knowledge of the judgment in sufficient time to appeal, and b) the defendant has disclosed a prima facie defence to the action on the merits. An application for relief may be filed only within a reasonable time after the defendant has knowledge of the judgment. Each Contracting State may declare that the application will not be entertained if it is filed after the expiration of a time to be stated in the declaration, but which shall in no case be less than one year following the date of the judgment. This Article shall not apply to judgments concerning status or capacity of persons. CHAPTER II – EXTRAJUDICIAL DOCUMENTS Article 17 Extrajudicial documents emanating from authorities and judicial officers of a Contracting State may be transmitted for the purpose of service in another Contracting State by the methods and under the provisions of the present Convention. CHAPTER III – GENERAL CLAUSES Article 18 Each Contracting State may designate other authorities in addition to the Central Authority and shall determine the extent of their competence. The applicant shall, however, in all cases, have the right to address a request directly to the Central Authority. Federal States shall be free to designate more than one Central Authority. Article 19 To the extent that the internal law of a Contracting State permits methods of transmission, other than those provided for in the preceding Articles, of documents coming from abroad, for service within its territory, the present Convention shall not affect such provisions. Article 20 The present Convention shall not prevent an agreement between any two or more Contracting States to dispense with – a) the necessity for duplicate copies of transmitted documents as required by the second paragraph of Article 3, b) the language requirements of the third paragraph of Article 5 and Article 7, c) the provisions of the fourth paragraph of Article 5, d) the provisions of the second paragraph of Article 12. Article 21 Each Contracting State shall, at the time of the deposit of its instrument of ratification or accession, or at a later date, inform the Ministry of Foreign Affairs of the Netherlands of the following – a) the designation of authorities, pursuant to Articles 2 and 18, b) the designation of the authority competent to complete the certificate pursuant to Article 6, c) the designation of the authority competent to receive documents transmitted by consular channels, pursuant to Article 9. Each Contracting State shall similarly inform the Ministry, where appropriate, of – a) opposition to the use of methods of transmission pursuant to Articles 8 and 10, b) declarations pursuant to the second paragraph of Article 15 and the third paragraph of Article 16, c) all modifications of the above designations, oppositions and declarations. Article 22 Where Parties to the present Convention are also Parties to one or both of the Conventions on civil procedure signed at The Hague on 17th July 1905, and on 1st March 1954, this Convention shall replace as between them Articles 1 to 7 of the earlier Conventions. Article 23 The present Convention shall not affect the application of Article 23 of the Convention on civil procedure signed at The Hague on 17th July 1905, or of Article 24 of the Convention on civil procedure signed at The Hague on 1st March 1954. These Articles shall, however, apply only if methods of communication, identical to those provided for in these Conventions, are used. Article 24 Supplementary agreements between Parties to the Conventions of 1905 and 1954 shall be considered as equally applicable to the present Convention, unless the Parties have otherwise agreed. Article 25 Without prejudice to the provisions of Articles 22 and 24, the present Convention shall not derogate from Conventions containing provisions on the matters governed by this Convention to which the Contracting States are, or shall become, Parties. Article 26 The present Convention shall be open for signature by the States represented at the Tenth Session of the Hague Conference on Private International Law. It shall be ratified, and the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of the Netherlands. Article 27 The present Convention shall enter into force on the sixtieth day after the deposit of the third instrument of ratification referred to in the second paragraph of Article 26. The Convention shall enter into force for each signatory State which ratifies subsequently on the sixtieth day after the deposit of its instrument of ratification. Article 28 Any State not represented at the Tenth Session of the Hague Conference on Private International Law may accede to the present Convention after it has entered into force in accordance with the first paragraph of Article 27. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Netherlands. The Convention shall enter into force for such a State in the absence of any objection from a State, which has ratified the Convention before such deposit, notified to the Ministry of Foreign Affairs of the Netherlands within a period of six months after the date on which the said Ministry has notified it of such accession. In the absence of any such objection, the Convention shall enter into force for the acceding State on the first day of the month following the expiration of the last of the periods referred to in the preceding paragraph. Article 29 Any State may, at the time of signature, ratification or accession, declare that the present Convention shall extend to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect on the date of entry into force of the Convention for the State concerned. At any time thereafter, such extensions shall be notified to the Ministry of Foreign Affairs of the Netherlands. The Convention shall enter into force for the territories mentioned in such an extension on the sixtieth day after the notification referred to in the preceding paragraph. Article 30 The present Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 27, even for States which have ratified it or acceded to it subsequently. If there has been no denunciation, it shall be renewed tacitly every five years. Any denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands at least six months before the end of the five year period. It may be limited to certain of the territories to which the Convention applies. The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States. Article 31 The Ministry of Foreign Affairs of the Netherlands shall give notice to the States referred to in Article 26, and to the States which have acceded in accordance with Article 28, of the following – a) the signatures and ratifications referred to in Article 26; b) the date on which the present Convention enters into force in accordance with the first paragraph of Article 27; c) the accessions referred to in Article 28 and the dates on which they take effect; d) the extensions referred to in Article 29 and the dates on which they take effect; e) the designations, oppositions and declarations referred to in Article 21; f) the denunciations referred to in the third paragraph of Article 30. In witness whereof the undersigned, being duly authorised thereto, have signed the present Convention. Done at The Hague, on the 15th day of November, 1965, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Netherlands, and of which a certified copy shall be sent, through the diplomatic channel, to each of the States represented at the Tenth Session of the Hague Conference on Private International Law. 2014, c. 1, Schedule I.