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Showing 3091–3100 of 43699 articles for “Art. 738-2”
Except in cases where they are justified in refusing the filing or rejecting a formality, in accordance with legislative or regulatory provisions, on land registration, the services responsible for la…
If the property is sold, the mortgage follows it into the hands of the third party purchaser. The third-party purchaser is thus obliged, within the limit of the registrations, for the entire secured d…
The mortgage is transferred ipso jure with the secured claim. The mortgagee may subrogate another creditor in the mortgage and retain his claim. He may also, by an assignment of anteriority, assign hi…
The professional creditor is obliged, before 31 March each year and at its own expense, to inform any guarantor who is a natural person of the amount of the principal of the debt, interest and other a…
In the event of the dissolution of the debtor or creditor legal entity as a result of a merger, demerger or the cause provided for in the third paragraph of Article 1844-5, the guarantor remains liabl…
A contractual security interest may be created by the debtor or by a third party. When it is constituted by a third party, the creditor has an action only on the property assigned as security. The pro…
Moveable liens are granted by law. They may be general or special. The legal provisions governing them are to be interpreted strictly. They give the right to be preferred to other creditors. Unless ot…
Where a pledge with dispossession relates to fungible things, the creditor must keep them separate from things of the same kind which belong to him. Failing this, the pledgor may rely on the provision…
The pledge is indivisible notwithstanding the divisibility of the debt between the heirs of the debtor or those of the creditor. The heir of the debtor who has paid his portion of the debt may not dem…
A mortgage may be granted as security for one or more claims, present or future. If they are future, they must be determinable. The cause is determined in the deed.
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