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Showing 6941–6950 of 63920 articles for “Art. 1° et 2°”
Acquisitive prescription is interrupted when the possessor of a property is deprived for more than one year of the enjoyment of that property either by the owner or even by a third party.
In the absence of full payment on the due date, the creditor may request the return of the property in order to recover the right to dispose of it. The value of the property taken back is set off, by…
…f the mortgaged property is suspended. This third party purchaser may still, as a guarantor could, set up against the creditor all the exceptions that belong to the principal debtor.
The third party purchaser must compensate the mortgagee for the loss resulting from any deterioration that has reduced the value of the property through his own act or fault. However, he may obtain re…
If the sale price exceeds the mortgage debt, the difference is for the third-party purchaser, except for the rights of his creditors registered on the property.
…or to the insurance indemnity subrogated to the property.The sub-purchaser or the insurer may then set up against the creditor the defences inherent in the debt as well as defences arising from its re…
…n unpaid mortgagee may pursue the sale of the mortgaged property in accordance with the procedures set out in the Code of Civil Enforcement Procedures, from which the mortgage agreement may not deroga…
The third-party purchaser who has paid the mortgage debt, or suffered the seizure of the mortgaged property, has a recourse in warranty under the conditions of ordinary law and a subrogatory recourse…
After the sale, the third-party purchaser regains the real rights, in particular easements, that he had over the building before he acquired it.
The reservation of ownership is agreed in writing.
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