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Showing 71–80 of 3089 articles for “Art. 23 nov. 2011”
When a guarantee of future debts terminates, the guarantor remains liable for debts arising previously, unless otherwise agreed.
A security interest is the allocation of an asset or a group of assets, present or future, to the preferential or exclusive payment of the creditor.
The object of the pledge may be movable fixed assets by destination. The order of preference between the mortgagee and the pledgee is determined in accordance with Article 2419.
Where the non-possessory pledge relates to fungible things, the pledgor may, unless otherwise agreed, dispose of them on condition that he replaces them with the same quantity of equivalent things.
To be enforceable against the debtor of the pledged claim, the pledge of the claim must be notified to him or the debtor must intervene in the deed. Failing this, only the pledgor validly receives pay…
Securities on immovable property include liens, pledges on immovable property and mortgages. Ownership of the property may also be retained or assigned as security.
The benefit of discussion allows the guarantor to oblige the creditor to sue the principal debtor first. Neither a guarantor held jointly and severally with the debtor, nor a guarantor who has waived…
If there is more than one guarantor, the one who paid has a personal claim and a subrogatory claim against the others, each for its share.
A guarantor of the balance of a current or deposit account may no longer be sued five years after the end of the guarantee.
A pledge of another person's thing may be annulled at the request of the creditor who was unaware that the thing did not belong to the grantor.
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