Article 2378
General liens take precedence over the preferential right attached to pledges of real property and mortgages. They are exercised in the order of article 2377.
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Showing 8081–8090 of 62891 articles for “Art. 2-1° bis”
General liens take precedence over the preferential right attached to pledges of real property and mortgages. They are exercised in the order of article 2377.
The provisions relating to mortgages set out in articles 2390,2409 to 2413,2415 and 2450 to 2453 are applicable to real estate pledges.
A conventional mortgage may only be granted by a person who has the capacity to dispose of the immovable subject to it.
A person who has only a conditional right in the immovable may only grant a mortgage subject to the same condition.
A mortgage on an undivided immovable retains its effect regardless of the outcome of the partition if it has been granted by all the undivided co-owners. Otherwise, it retains its effect only to the e…
A mortgage constituted for business purposes by a natural or legal person may subsequently be assigned to guarantee business claims other than those mentioned in the constitutive deed provided that th…
When the department responsible for land registration, issuing a certificate to the new holder of a right in rem in immovable property, omits to register a mortgage, the right remains in the hands of…
Except in cases where they are justified in refusing the filing or rejecting a formality, in accordance with legislative or regulatory provisions, on land registration, the services responsible for la…
The mortgage is transferred ipso jure with the secured claim. The mortgagee may subrogate another creditor in the mortgage and retain his claim. He may also, by an assignment of anteriority, assign hi…
In the event of the dissolution of the debtor or creditor legal entity as a result of a merger, demerger or the cause provided for in the third paragraph of Article 1844-5, the guarantor remains liabl…
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