Article 2378 of the French Civil Code
November 6, 2023
General liens take precedence over the preferential right attached to pledges of real property and mortgages. They are exercised in the order of article 2377.
General liens take precedence over the preferential right attached to pledges of real property and mortgages. They are exercised in the order of article 2377.
A pledge on immovable property is the assignment of an immovable as security for an obligation with dispossession of the person making it.
The provisions relating to mortgages set out in articles 2390,2409 to 2413,2415 and 2450 to 2453 are applicable to real estate pledges.
The creditor collects the fruits of the property assigned as security with the obligation to set them off against the interest, if any is due, and subsidiarily against the principal of the debt. He is obliged, on pain of forfeiture, to provide for the conservation and maintenance of the property and may use the fruits collected for this purpose before setting them off against the debt. He may at any…
The creditor may, without losing possession, lease the property either to a third party or to the debtor himself.
The debtor may not claim restitution of the property until his debt has been fully discharged.
The rights of a creditor holding a right of pledge on immovable property are extinguished in particular: 1° By the extinction of the principal obligation; 2° By the early restitution of the immovable property to its owner.
A mortgage is the assignment of a property as security for an obligation without dispossessing the person who sets it up.
Mortgages are only granted in the cases and according to the forms authorised by law.
A mortgage may be legal, judicial or conventional.
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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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