Article 2373-1
The secured claims and the assigned claims are designated in the deed. If they are future, the deed must allow them to be individualised or contain elements allowing this such as the indication of the…
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Showing 3011–3020 of 56769 articles for “Art. L 144-10 · C. civ. Art. 1709 · Cass. com. 11 May 1971 · Cass. com. 23 March 1999 n° 97-15.000”
The secured claims and the assigned claims are designated in the deed. If they are future, the deed must allow them to be individualised or contain elements allowing this such as the indication of the…
Where the secured claim is paid in full before the assigned claim is paid, the assignor shall automatically recover ownership of the assigned claim..
…must be invoked by the guarantor as soon as the first proceedings are brought against it. It can only be invoked between solvent guarantors. The insolvency of a guarantor on the day the division is i…
When the secured claim is paid in full, the assignee shall return the sum assigned to the assignor, plus any fruits and interest.
On pain of nullity, the assignment must be made in writing. This writing shall include the designation of the secured claims. If they are future, the deed must allow them to be individualised or conta…
The assignment is enforceable against third parties by delivery of the amount assigned.
Where the same claim is the subject of successive pledges, the ranking of creditors is governed by the order of the deeds. The creditor who is first in line has recourse against the creditor to whom t…
Unless otherwise provided, special liens take precedence over general liens.
Where the settlor has the option of disposing of the pledged assets under the conditions provided for in Articles 2341 or
The assignee is free to dispose of the sum assigned, unless an agreement to the contrary specifies its use.
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