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Showing 441–450 of 32072 articles for “Art. 1115 · Cass. com. 7 April 2010 n° 09-65.899 · Cass. com. 24 June 1997 · BOI-ENR-DMTOI-10-50”
Articles 258 to 275 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014 are applicable at group level.
A third-party purchaser who is not personally liable for the debt may oppose the sale of the property if other properties mortgaged to the same debt are still in the possession of 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.
…is in competition with other mortgage creditors, he is paid in the rank assigned to him by articles 2418 to 2420.
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.
In the cases provided for in the two preceding articles, the property must be valued by an expert appointed amicably or judicially. If its value exceeds the amount of the secured debt, the creditor ow…
Once summoned to pay, and without prejudice to the benefit of discussion provided for in the preceding article, the third-party purchaser may: -either pay, -or purge the property in accordance with th…
It may be agreed in the mortgage agreement that the creditor will become the owner of the mortgaged property. However, this clause has no effect on an immovable that is the debtor's principal residenc…
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