Article 2338
…r, the terms of which are regulated by decree in the Conseil d'Etat.Unless it is subject to article 2342, a pledge relating to a registered land motor vehicle or trailer is published by an entry in a…
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Showing 111–120 of 3660 articles for “Art. 23 mars 2023”
…r, the terms of which are regulated by decree in the Conseil d'Etat.Unless it is subject to article 2342, a pledge relating to a registered land motor vehicle or trailer is published by an entry in a…
If more has been paid to the pledgee than the secured debt, the pledgee owes the difference to the settlor.
Legal mortgages are general or special. The creditor benefiting from a general mortgage may register his right on all immovables currently belonging to his debtor. He may make additional registrations…
A guarantor who has paid all or part of the debt is subrogated to the rights that the creditor had against the debtor.
A simple extension of the term, granted by the creditor to the principal debtor, does not discharge the guarantor. When the initial term has expired, the guarantor may either pay the creditor and take…
The pledgor must reimburse the creditor or the agreed third party for useful or necessary expenses incurred by the latter for the preservation of the pledge.
The creditor may also obtain a court order that the property shall remain in payment to him.Where the value of the property exceeds the amount of the secured debt, the sum equal to the difference shal…
Ownership of a claim may be assigned as security for an obligation by the effect of a contract concluded pursuant to articles 1321 to 1326.
When the spouses have stipulated participation in acquests, each has, unless otherwise agreed, the option of registering the legal mortgage as security for the participation claim. The registration ma…
Where subrogation to the creditor's rights can no longer be effected in his favour through the creditor's fault, the guarantor shall be discharged to the extent of the loss he suffers. Any clause to t…
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