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Showing 2871–2880 of 48530 articles for “Art. L 145-16 · Cass. 3e civ. 11 February 1987 · Cass. 3e civ. 23 July 1986 · Cass. 3e civ. 29 February 1972”
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…the court of reconsideration refers the case back to a court hearing the case on the merits, the rules of referral and procedure are those applicable to the courts of referral after cassation.
General liens are exercised in the order of article 2331, with the exception of the preferential claim of the Treasury, the ranking of which is determined by the laws concerning it, and the preferenti…
In the absence of payment of the secured debt and unless otherwise stipulated in the trust agreement, the trustee, where it is the creditor, acquires the free disposal of the property or right assigne…
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.
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