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Showing 3091–3100 of 43709 articles for “Art. 1341-2”
Where subrogation to the creditor's rights can no longer be effected in his favour through the creditor's fault, the guarantor shall be discharged to the extent of the loss he suffers. Any clause to t…
Where a guarantee of future debts is for an indefinite period, the guarantor may terminate it at any time, subject to compliance with the contractually stipulated notice period or, failing that, a rea…
Security in rem is legal, judicial or contractual, depending on whether it is granted by law because of the nature of the claim, by a protective judgment or by an agreement. It is movable or immovable…
It may be agreed, at the time the pledge is created or subsequently, that if the secured obligation is not performed, the creditor will become the owner of the pledged asset.The value of the asset is…
Ownership of an asset may be retained as security by the effect of a retention of title clause which suspends the translative effect of a contract until full payment of the obligation which constitute…
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.
All rights in rem in immovable property which are in commerce are subject to mortgages.
The mortgage extends to improvements made to the mortgaged immovable, as well as to accessories deemed immovable.
The mortgage extends to the interest and other accessories of the secured claim. This extension benefits the third party subrogated in the secured claim for the interest and other accessories due to i…
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