Section 5: Classification of mortgages

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Article 2418

French Civil CodeIn force

Updated 6 Nov 2023

Legal, judicial and contractual mortgages only rank from the day of their registration in the real estate register, in the form and manner prescribed by law.

By exception, the mortgage provided for in 3° of article 2402 is exempt from registration. It takes precedence over all other mortgages for the current year and for the last two years due. It takes precedence over the vendor's mortgage and the lender's mortgage for previous years.

Where several registrations are made on the same day in respect of the same property, their respective rank is determined as follows, regardless of the order resulting from the register provided for in Article 2447 :

-registration of a legal mortgage is deemed to rank prior to that of the registration of a legal or conventional mortgage; and if there are several registrations of legal mortgages, they compete, except in the case of the seller's special mortgage and the lender's special mortgage, the former being deemed to rank prior to the latter ;

in the presence of several registrations of conventional or legal mortgages, the one taken under the title bearing the earliest date is deemed to rank earlier; and if the titles have the same date, they compete.

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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