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Showing 5101–5110 of 64807 articles for “Art. Cass. 3e civ. 1-2-2012 n° 10-22.863”
In the event of alienation or loss of the property, ownership is carried over to the debtor's claim against the sub-purchaser or to the insurance indemnity subrogated to the property.The sub-purchaser…
An unpaid mortgagee may pursue the sale of the mortgaged property in accordance with the procedures set out in the Code of Civil Enforcement Procedures, from which the mortgage agreement may not derog…
The third-party purchaser who has paid the mortgage debt, or suffered the seizure of the mortgaged property, has a recourse in warranty under the conditions of ordinary law and a subrogatory recourse…
After the sale, the third-party purchaser regains the real rights, in particular easements, that he had over the building before he acquired it.
The reservation of ownership is agreed in writing.
Reserved ownership of a fungible asset may be exercised, up to the amount of the outstanding claim, over assets of the same nature and quality held by the debtor or on his behalf.
In the cases provided for in the two preceding articles, the property must be valued by an expert appointed amicably or judicially. If its value exceeds the amount of the secured debt, the creditor ow…
Once summoned to pay, and without prejudice to the benefit of discussion provided for in the preceding article, the third-party purchaser may: -either pay, -or purge the property in accordance with th…
The incorporation of an item of movable property subject to a retention of title into another item of property does not preclude the creditor's rights where those items of property can be separated wi…
It may be agreed in the mortgage agreement that the creditor will become the owner of the mortgaged property. However, this clause has no effect on an immovable that is the debtor's principal residenc…
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