Security interests in movable property are: 1° Movable liens; 2° Pledges of tangible movables; 3° Pledges of intangible movables; 4° Ownership retained or assigned as security.
Moveable liens are granted by law. They may be general or special. The legal provisions governing them are to be interpreted strictly. They give the right to be preferred to other creditors. Unless otherwise provided, they do not confer a resale right. They are carried over to the debtor’s price claim against the purchaser.
Other than those provided for by special laws, privileged claims on the generality of movables are: 1° Legal costs, on condition that they have benefited the creditor against whom the lien is asserted; 2° Funeral expenses; 3° The following remuneration and allowances: the remuneration, for the last six months, of employees and apprentices; the deferred salary, for the year ended and for the current year, instituted by the article L….
The privileges of the Treasury and the Social Security funds are determined by the laws that concern them.
Other than those provided for by special laws, preferential claims on certain movables are: 1° All sums due in execution of a lease or the occupation of a building, on the furniture furnishing the premises and belonging to the debtor, including, where applicable, the operating furniture and the year’s harvest; 2° The cost of preserving a piece of furniture on it; 3° The sale price of a piece of furniture,…
Unless otherwise provided, special liens take precedence over general liens.
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.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
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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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