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Article 2398 of the French Civil Code

At the opening of any guardianship, the family council or, failing this, the judge, after hearing the tutor, decides whether a registration must be required on the tutor’s immovables. If so, the family council determines the amount to be registered and designates the immovable property to be encumbered. If not, he may, however, decide that the registration of the mortgage will be replaced by the constitution of a pledge or…

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Article 2399 of the French Civil Code

A minor, after coming of age or emancipation, or an adult under guardianship, after the release of the guardianship of adults, may request, within a period of one year, the registration of his legal mortgage or an additional registration. This right may be exercised by their heirs within the same period or within the year of their death if they died while still a minor or an adult under guardianship….

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Article 2401 of the French Civil Code

The legal mortgage attached to judgments of conviction arises from contradictory or default judgments, whether final or provisional, in favour of the person who obtained them. It also arises from arbitration awards bearing the exequatur as well as judicial decisions rendered by the courts of another State and enforceable in France.

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Article 2402 of the French Civil Code

Other than those provided for by special laws, the claims to which a special legal mortgage is attached are as follows: 1° The claim for the sale price of an immovable is secured on it; 2° The claim of the person who provided the funds for the acquisition of an immovable is secured on it provided that it is authentically recorded by the deed of loan that the sum was…

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Article 2403 of the French Civil Code

The resolutory action established by article 1654 may not be exercised after the extinction of the seller’s special mortgage, or in the absence of registration of such mortgage, to the prejudice of third parties who have acquired rights over the property on the part of the purchaser and who have published them.

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Article 2404 of the French Civil Code

The holder of the claim referred to in 7° of Article 2402 conserves its mortgage by the double registration made: 1° By the author of the police order issued pursuant to article L. 184-1 du code de la construction et de l’habitation for measures enacted under penalty of a ban on living in or using the premises or permanent closure of the establishment or article L. 511-11 of the same…

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Article 2407 of the French Civil Code

When the measures prescribed by the order or formal notice referred to in 1° of Article 2404 have been carried out by the owner or operator, the publication at their expense of a release order prior to the registration of the recovery order as provided for in 2° of the same article renders the first registration null and void. Mention is made of the cancellation resulting from this lapse in…

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