Article 2375 of the French Civil Code
November 6, 2023
Securities on immovable property include liens, pledges on immovable property and mortgages. Ownership of the property may also be retained or assigned as security.
Securities on immovable property include liens, pledges on immovable property and mortgages. Ownership of the property may also be retained or assigned as security.
Real estate liens are granted by law. They are general. They are exempt from the formality of registration. The legal provisions governing them are to be interpreted strictly. They give the right to be preferred to other creditors but do not confer a right of pursuit. Where the lien also relates to the general movables of the debtor, it is exercised over immovables only in the absence of sufficient movables.
Other than those provided for by special laws, preferential claims on the generality of immovable property are: 1° Legal costs, on condition that they have benefited the creditor to whom the lien is opposed; 2° The following remuneration and indemnities: the remuneration, for the last six months, of employees and apprentices; the deferred salary, for the year due and for the current year, instituted by the article L. 321-13 du…
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.
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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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