When the legal mortgage has been registered pursuant to article 2394, and unless there is an express clause in the marriage contract prohibiting it, the spouse who is the beneficiary of the registration may release it in whole or in part.
The same applies to a legal mortgage, or possibly a judicial mortgage, guaranteeing maintenance allocated or likely to be allocated to a spouse, for himself or herself or for his or her children.
If the spouse benefiting from the registration, by refusing to reduce his or her mortgage or to release it, prevents the other spouse from making a mortgage or a disposal that would be required in the interests of the family or, if he or she is unable to express his or her will, the judges may authorise such reduction or release on the conditions they deem necessary to safeguard the rights of the spouse concerned. They have the same powers where the marriage contract contains the clause referred to in the first paragraph.
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