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Showing 9931–9940 of 68983 articles for “Art. al. 1 and 2”
General liens take precedence over the preferential right attached to pledges of real property and mortgages. They are exercised in the order of article 2377.
The provisions relating to mortgages set out in articles 2390,2409 to 2413,2415 and 2450 to 2453 are applicable to real estate pledges.
A conventional mortgage may only be granted by a person who has the capacity to dispose of the immovable subject to it.
A person who has only a conditional right in the immovable may only grant a mortgage subject to the same condition.
A mortgage on an undivided immovable retains its effect regardless of the outcome of the partition if it has been granted by all the undivided co-owners. Otherwise, it retains its effect only to the e…
…lor may then offer it as security, up to the limit of the sum provided for in the constitutive deed and mentioned in Article 2417, not only to the original creditor but also, notwithstanding any claus…
…ntity as a result of a merger, demerger or the cause provided for in the third paragraph of Article 1844-5, the guarantor remains liable for debts arising before the transaction became enforceable aga…
…y, the creditor has an action only on the property assigned as security. The provisions of articles 2299,2302to 2305-1,2308 to 2312 and 2314 are then applicable.
Moveable liens are granted by law. They may be general or special. The legal provisions governing them are to be interpreted strictly. They give the right to be preferred to other creditors. Unless ot…
…long to him. Failing this, the pledgor may rely on the provisions of the first paragraph of Article 2344.If the agreement releases the creditor from this obligation, he acquires ownership of the thing…
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