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Showing 601–610 of 3089 articles for “Art. 23 nov. 2011”
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…
…lor has the option of disposing of the pledged assets under the conditions provided for in Articles 2341 or
The assignee is free to dispose of the sum assigned, unless an agreement to the contrary specifies its use.
If the creditor has divided his action of his own accord, he can no longer go back on that division, even if there were insolvent sureties at the time of the action.
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