Me Gauthier begins with the basic concepts, including the differences between priorities, mortgages, and legal hypothecs. He also reviews the fundamental principles of each of these. Next, the speaker explains the formalities required to acquire rights related to priorities, mortgages, and legal hypothecs.

With respect to priorities, their main function is to establish an order of preference among creditors according to the nature of their claim. He briefly reviews terminology related to the field that has evolved over time, including the emphyteutic lease, now referred to as an emphyteusis contract.

Afterward, Me René Gauthier moves on to the general rules applicable to all hypothecs. For example, rule 2660 of the Civil Code of Québec states that a hypothec is a real right on movable or immovable property charged with the performance of an obligation. It is also referred to as a right of follow-up.

He explains the distinction between a hypothec and a legal hypothec, between the rights they confer and their various acquisition and preservation formalities, while referring to the relevant articles of the Civil Code. One of the particularities of a legal hypothec is that the owner of the hypothecated property remains free to do as they wish with it, but always subject to rule 2624 of the Civil Code of Québec. In other words, the creditor has the right to publish a legal hypothec without the consent of the other party.

Me Gauthier concludes the conference by focusing on the specific nature of construction legal hypothecs, an exception to rule 2627 of the Civil Code of Québec. He identifies the beneficiaries, conditions, added value, and formalities associated with them.

Following this conference, you will be able to better understand the terminology, differences, provisions, and principles surrounding the field of hypothecs.