Article 2388 of the French Civil Code
November 6, 2023
All rights in rem in immovable property which are in commerce are subject to mortgages.
All rights in rem in immovable property which are in commerce are subject to mortgages.
The mortgage extends to improvements made to the mortgaged immovable, as well as to accessories deemed immovable.
The mortgage extends to the interest and other accessories of the secured claim. This extension benefits the third party subrogated in the secured claim for the interest and other accessories due to it.
The mortgage is indivisible, notwithstanding the division of the debt: the co-debtor who owns the mortgaged immovable is, on that immovable, held for the whole; each of the creditors has the whole immovable as security for his share in the debt. The mortgage is still indivisible, notwithstanding the division of the immovable or the plurality of immovables: each part of the divided immovable, each of the immovables is assigned to…
Legal mortgages are general or special. The creditor benefiting from a general mortgage may register his right on all immovables currently belonging to his debtor. He may make additional registrations on immovable property that has subsequently become part of his debtor’s estate. The creditor benefiting from a general mortgage may register his right on all immovable property currently owned by his debtor. The creditor benefiting from a special mortgage may…
Other than those provided for by special laws, the claims to which a general legal mortgage is attached are: 1° Those of one of the spouses against the other; 2° Those of minors or adults under guardianship against the legal administrator or guardian; > (Repealed) 3° (Repealed); 4° those of the legatee, on the immovable property of the succession, by virtue of article 1017; > (Repealed) 5° funeral expenses; 6°…
When the spouses have stipulated participation in acquests, each has, unless otherwise agreed, the option of registering the legal mortgage as security for the participation claim. The registration may be made before the dissolution of the matrimonial regime, but it will only have effect from that dissolution and on condition that the immovables to which it relates exist on that date in the assets of the debtor spouse. In the…
When a legal mortgage has been registered by application of the preceding article, and unless the marriage contract expressly prohibits it, the spouse benefiting from the registration may consent, in favour of the other spouse’s creditors or his or her own creditors, to an assignment of his or her rank or a subrogation in the rights resulting from its registration. The same applies to a judicial mortgage, guaranteeing maintenance awarded…
Judgments made pursuant to the preceding article shall be rendered in the forms regulated by the Code of Civil Procedure. The legal mortgage of spouses is subject, for the renewal of registrations, to the rules of article 2429.
The provisions of articles 2393 to 2396 shall be brought to the attention of spouses or future spouses under the conditions laid down by decree.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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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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