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Showing 2991–3000 of 43699 articles for “Art. 738-2”
In the absence of full payment on the due date, the creditor may request the return of the property in order to recover the right to dispose of it. The value of the property taken back is set off, by…
Real estate liens are granted by law. They are general. They are exempt from the formality of registration. The legal provisions governing them are to be interpreted strictly. They give the right to b…
Mortgages are always granted for the capital up to a specified amount, which the notarial deed mentions on pain of nullity. Where applicable, the parties shall assess any indeterminate, contingent or…
When a provisional registration of a judicial mortgage has been made, the provisions of articles 2429 to 2431 apply to the definitive registration and its renewal. The starting date for the time limit…
A third-party purchaser who is not personally liable for the debt may oppose the sale of the property if other properties mortgaged to the same debt are still in the possession of the principal debtor…
The guarantor's obligation is extinguished by the same causes as other obligations. It is also extinguished as a result of the extinction of the guaranteed obligation.
The pledge is perfected by the drawing up of a writing containing the designation of the debt secured, the quantity of the goods pledged and their type or nature.
In the event of default by his debtor, the pledged creditor may have the pledged claim and all rights attached thereto assigned to him by the court or under the terms of the agreement. He may also wai…
The registration preserves the mortgage until the date set by the creditor in accordance with the following provisions. If the principal of the secured obligation is to be discharged on one or more sp…
The third party purchaser must compensate the mortgagee for the loss resulting from any deterioration that has reduced the value of the property through his own act or fault. However, he may obtain re…
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