General liens are exercised in the order of article 2331, with the exception of the preferential claim of the Treasury, the ranking of which is determined by the laws concerning it, and the preferential claim of social security funds, which comes in the same rank as the preferential claim of employees. Preferential creditors who are in the same rank are paid by concurrence.
The special liens of the lessor of immovable property, the conservator and the seller of movable property are exercised in the following order: 1° The lien of the conservator, where the costs of conservation are subsequent to the creation of the other liens; 2° The lien of the lessor of immovable property, who was unaware of the existence of the other liens; 3° The lien of the conservator, where the…
Unless otherwise provided by special law, the preferential right conferred by the pledge ranks pari passu with the building lessor’s lien.
A pledge is an agreement by which the pledgor grants a creditor the right to be paid in preference to his other creditors on a present or future movable asset or group of movable tangible assets. Secured claims may be present or future; in the latter case, they must be determinable.
The object of the pledge may be movable fixed assets by destination. The order of preference between the mortgagee and the pledgee is determined in accordance with Article 2419.
A pledge of another person’s thing may be annulled at the request of the creditor who was unaware that the thing did not belong to the grantor.
The pledge is perfected by the drawing up of a writing containing the designation of the debt secured, the quantity of the goods pledged and their type or nature.
The pledge is enforceable against third parties by the publication made of it. It is also enforceable against third parties by the dispossession in the hands of the creditor or an agreed third party of the property which is the subject of it or of the document of title which, such as a bill of lading, represents it. Where the pledge has been duly published, the successors in title of…
The pledge is published by an entry in a special register, the terms of which are regulated by decree in the Conseil d’Etat. Unless it is subject to article 2342, a pledge relating to a registered land motor vehicle or trailer is published by an entry in a register kept by the administrative authority under the conditions laid down by decree in the Conseil d’Etat. The registration of such a…
The pledgor may not demand the cancellation of the registration or the return of the pledged asset until he has fully paid the secured debt in principal, interest and costs.
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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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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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