Article 2373-1
The secured claims and the assigned claims are designated in the deed. If they are future, the deed must allow them to be individualised or contain elements allowing this such as the indication of the…
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Showing 971–980 of 57221 articles for “Art. CE 23 Dec 2013 n° 363702 and 363719”
The secured claims and the assigned claims are designated in the deed. If they are future, the deed must allow them to be individualised or contain elements allowing this such as the indication of the…
Where the secured claim is paid in full before the assigned claim is paid, the assignor shall automatically recover ownership of the assigned claim..
…en due. If this is not the case, the assignee retains them under the conditions set out in articles 2374-3 to 2374-6.
…claim is paid in full, the assignee shall return the sum assigned to the assignor, plus any fruits and interest.
…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…
…to be individualised or contain elements allowing this such as the indication of the debtor, the place of payment, the amount of the claims or their valuation and, if applicable, their due date.
The assignment is enforceable against third parties by delivery of the amount assigned.
…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 excess to the a…
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…
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