Subsection 2: Special mortgages

Articles in this section · 6

Article 2402

French Civil CodeIn force

Updated 6 Nov 2023

Other than those provided for by special laws, the claims to which a special legal mortgage is attached are as follows:


1° The claim for the sale price of an immovable is secured on it;


2° The claim of the person who provided the funds for the acquisition of an immovable is secured on it provided that it is authentically recorded by the deed of loan that the sum was intended for this use, and by the seller's receipt that this payment was made from the borrowed funds...;


3° Debts of any kind owed by the syndicate of co-owners relating to the current year and the last four years due are guaranteed on the lot sold by the debtor co-owner;


4° The claim of an heir or co-partitioner, as a result of partition, report or reduction, is secured on the immovables partitioned, donated or bequeathed;


5° Claims against a deceased person and legacies of sums of money on the one hand, and claims against the person of the heir on the other hand, are respectively secured on the succession immovables and the personal immovables of the heir as set out in Article 878;


6° The claim of a first-time buyer holding a rent-to-own contract governed by the loi n° 84-595 du 12 juillet 1984 definissant la location-accession à la propriété immobilière est garantie sur l'immeuble faisant l'objet du contrat, pour la garantie des droits qu'il tient de ce contrat ;


7° Claims by the State, the municipality, the public establishment for inter-municipal cooperation with its own tax system or the Lyon metropolitan authority, as applicable, arising from the application of Article L. 184-1, Chapter I of Title I of Book V or article L. 521-3-2 of the French Construction and Housing Code are guaranteed on buildings covered by measures taken in application of these provisions.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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