Article 2362
To be enforceable against the debtor of the pledged claim, the pledge of the claim must be notified to him or the debtor must intervene in the deed. Failing this, only the pledgor validly receives pay…
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Showing 71–80 of 2859 articles for “Art. 23 févr. 1994”
To be enforceable against the debtor of the pledged claim, the pledge of the claim must be notified to him or the debtor must intervene in the deed. Failing this, only the pledgor validly receives pay…
Securities on immovable property include liens, pledges on immovable property and mortgages. Ownership of the property may also be retained or assigned as security.
The benefit of discussion allows the guarantor to oblige the creditor to sue the principal debtor first. Neither a guarantor held jointly and severally with the debtor, nor a guarantor who has waived…
If there is more than one guarantor, the one who paid has a personal claim and a subrogatory claim against the others, each for its share.
A guarantor of the balance of a current or deposit account may no longer be sued five years after the end of the guarantee.
A pledge of another person's thing may be annulled at the request of the creditor who was unaware that the thing did not belong to the grantor.
If the secured debt is not paid, the creditor may pursue the sale of the pledged asset. This sale shall take place in accordance with the procedures set out in the Code of Civil Enforcement Procedures…
A pledge is the assignment, as security for an obligation, of an intangible movable asset or a group of intangible movable assets, present or future. It is conventional or judicial. Judicial pledging…
Where the pledge relates to an account, the pledged claim means the credit balance, whether provisional or definitive, on the day the security is realised subject to the regularisation of transactions…
A pledge of a claim, present or future, takes effect between the parties and becomes enforceable against third parties on the date of the deed. In the event of a dispute, proof of the date lies with t…
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