Article 2372-1
Ownership of movable property or a right may be assigned as security for an obligation under a trust agreement entered into pursuant to Articles 2011 to 2030.The secured obligation may be present or f…
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Showing 1151–1160 of 37612 articles for “Art. L 312-23”
Ownership of movable property or a right may be assigned as security for an obligation under a trust agreement entered into pursuant to Articles 2011 to 2030.The secured obligation may be present or f…
In the event of a trust entered into by way of security, the contract shall mention, on pain of nullity, in addition to the provisions set out in
In the absence of payment of the secured debt and unless otherwise stipulated in the trust agreement, the trustee, where it is the creditor, acquires the free disposal of the property or right assigne…
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..
Sums paid to the assignee in respect of the assigned claim shall be set off against the secured claim when due. If this is not the case, the assignee retains them under the conditions set out in artic…
…must be invoked by the guarantor as soon as the first proceedings are brought against it. It can only be invoked between solvent guarantors. The insolvency of a guarantor on the day the division is i…
When the secured claim is paid in full, the assignee shall return the sum assigned to the assignor, plus any fruits and interest.
If the beneficiary 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 parag…
On pain of nullity, the assignment must be made in writing. This writing shall include the designation of the secured claims. If they are future, the deed must allow them to be individualised or conta…
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