A prudent and diligent purchaser of a used automobile for
personal or commercial use will always consult the Register of
Personal and Movable Real Rights (the "RPMRR") before
concluding the transaction.
The RPMRR will show whether the vehicle is charged with any real
rights in favour of a third party, such as a reservation of
ownership or a movable hypothec.
Now however, following the coming into force of Quebec's new
Code of Civil Procedure in January of this year, such a
search is no longer sufficient to ensure that a used vehicle is
free and clear of any such rights.
While the previous Code of Civil Procedure
("CCP") did not contain any specific provisions on the
seizure of road vehicles, article 730 of the new CCP institutes a
new measure to protect the interests of judgment creditors in that
regard. It provides that the Société de
l'assurance automobile du Québec (the "SAAQ"),
which registers transfers of ownership of road vehicles, may not
register the
