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Showing 5631–5640 of 33744 articles for “Art. III”
After notification, the pledged creditor enjoys a right of retention on the pledged claim and has the sole right to its payment both in principal and interest. The pledged creditor, like the pledgor,…
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…
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…
On pain of nullity, the pledge of a claim must be concluded in writing. The secured claims and the pledged claims are designated in the deed. If they are future, the deed must allow them to be individ…
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…
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…
If more has been paid to the pledgee than the secured debt, the pledgee owes the difference to the settlor.
The investigating judge, chosen from among the judges of the court, is appointed in the forms provided for the appointment of judges. If necessary, another judge may be temporarily entrusted, in the s…
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