Removal must be ordered by the courts, where the registration has been made without being founded either on the law or on a title, or where it has been made by virtue of a title that is either irregular, extinguished or settled, or where the mortgage rights are erased by legal means.
Where registrations taken under a general legal mortgage are excessive, the debtor may request their reduction by complying with the jurisdictional rules set out in Article 2437. Registrations which encumber several properties are deemed to be excessive when the value of one or more of them exceeds a sum equal to twice the amount of the legal capital claims and accessories, plus one third of this amount. .
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…
If the value of the immovables on which the mortgage of the minor or of the adult under guardianship has been registered significantly exceeds what is necessary to guarantee the management of the guardian, the latter may ask the family council or, failing this, the guardianship judge to reduce the registration to the sufficient immovables. He may likewise ask him to reduce the assessment that had been made of his…
Judgments on the claims of a spouse, guardian or legal administrator in the cases provided for in the preceding articles shall be given in the forms regulated in the Code of Civil Procedure. If the court pronounces the reduction of the mortgage to certain properties, the registrations taken on all the others shall be cancelled.
The services responsible for land registration are required to issue, to all those who so request, copies or extracts of documents, other than registration slips, which are deposited there within the limit of fifty years preceding that of the requisition, and copies or extracts of subsisting registrations or certificates that there are no documents or registrations falling within the scope of the requisition. They are also required to issue copies…
I. – The State is liable for the loss resulting from faults committed by each service responsible for land registration in the performance of its duties, in particular: 1° The failure to publish deeds and judicial decisions filed with the services responsible for land registration and the required registrations, whenever this failure to publish does not result from a refusal or rejection decision; 2° The omission, in the certificates issued…
When the department responsible for land registration, issuing a certificate to the new holder of a right in rem in immovable property, omits to register a mortgage, the right remains in the hands of the new holder, free of the undisclosed mortgage, provided that the issue of the certificate was requested by the interested party as a result of the publication of his title. Without prejudice to any recourse it…
Except in cases where they are justified in refusing the filing or rejecting a formality, in accordance with legislative or regulatory provisions, on land registration, the services responsible for land registration may not refuse or delay the performance of a formality or the delivery of documents regularly requested, on pain of damages and interest from the parties ; to the effect of which, minutes of the refusals or delays will,…
The departments responsible for land registration will be required to keep a register in which they will enter, day by day, and in numerical order, the delivery to them of deeds, court rulings, slips and, generally, documents deposited with a view to the performance of a registration formality. They will only be able to perform the formalities on the date and in the order of the deliveries made to them….
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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