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Showing 6211–6220 of 24360 articles for “Art. 155 IV”
…otified to him or the debtor must intervene in the deed. Failing this, only the pledgor validly receives payment of the claim.
…ure. It is conventional or judicial. Judicial pledging is governed by the provisions applicable to civil enforcement proceedings. Conventional pledging which relates to claims is governed, in the abse…
…ge relates to an account, the pledged claim means the credit balance, whether provisional or definitive, on the day the security is realised subject to the regularisation of transactions in progress,…
A pledge of a claim, present or future, takes effect between the parties and becomes enforceable against third parties on the date of the deed. In the event of a dispute, proof of the date lies with t…
A pledge on immovable property is the assignment of an immovable as security for an obligation with dispossession of the person making it.
…he pledged claims are designated in the deed. If they are future, the deed must allow them to be individualised or contain elements allowing this such as the indication of the debtor, the place of pay…
The debtor may not claim restitution of the property until his debt has been fully discharged.
The debtor of the pledged claim may set up against the pledgee the defences inherent in the debt. He may also raise defences arising from his relationship with the pledgor before the pledge became enf…
Where the same claim is the subject of successive pledges, the ranking of creditors is governed by the order of the deeds. The creditor who is first in line has recourse against the creditor to whom t…
The creditor may, without losing possession, lease the property either to a third party or to the debtor himself.
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