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Showing 591–600 of 2859 articles for “Art. 23 févr. 1994”
…ciary of the trust has acquired free disposal of the property or right assigned pursuant to Article 2372-3, he shall pay to the settlor, where the value mentioned in the penultimate paragraph of that…
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.
In the event of default by the debtor, the assignee may set off the amount of the sum assigned, plus any fruits and interest, against the secured claim. Where appropriate, the assignee returns the exc…
Where the assignee does not have free disposal of the sum assigned, the fruits and interest produced by it increase the basis of the guarantee, unless otherwise agreed. Where the assignee has free dis…
The debtor of the pledged claim may set up against the pledgee the defences inherent in the debt. He may also raise defences arising from his relationship with the pledgor before the pledge became enf…
Property assigned pursuant to Article 2372-1 may subsequently be assigned to guarantee debts other than those mentioned in the constitutive act provided that the latter expressly so provides. The sett…
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.
The benefit of discussion must be invoked by the guarantor from the first proceedings brought against him. The guarantor must indicate to the creditor the debtor's assets that may be seized, which may…
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