Article 2362
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…
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Showing 151–160 of 17743 articles for “Art. CA Paris – 6 June 2023 – no. 23/00062”
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.
…ty by a notary, bailiff, judicial auctioneer or sworn goods broker, eight days after a simple notification made to the debtor and, where applicable, to the third party constituting the pledge.
…ent or future. 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, i…
Where the pledge 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…
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…
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