French Business Law - French Legislation

Article 2395 of the French Civil Code

November 6, 2023

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…

Article 2396 of the French Civil Code

November 6, 2023

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.

Article 2397 of the French Civil Code

November 6, 2023

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.

Article 2398 of the French Civil Code

November 6, 2023

At the opening of any guardianship, the family council or, failing this, the judge, after hearing the tutor, decides whether a registration must be required on the tutor’s immovables. If so, the family council determines the amount to be registered and designates the immovable property to be encumbered. If not, he may, however, decide that the registration of the mortgage will be replaced by the constitution of a pledge or…

Article 2399 of the French Civil Code

November 6, 2023

A minor, after coming of age or emancipation, or an adult under guardianship, after the release of the guardianship of adults, may request, within a period of one year, the registration of his legal mortgage or an additional registration. This right may be exercised by their heirs within the same period or within the year of their death if they died while still a minor or an adult under guardianship….

Article 2400 of the French Civil Code

November 6, 2023

During the minority and guardianship of adults, the registration made under Article 2398 must be renewed, in accordance with article 2429 of the Civil Code, by the clerk of the judicial court.

Article 2401 of the French Civil Code

November 6, 2023

The legal mortgage attached to judgments of conviction arises from contradictory or default judgments, whether final or provisional, in favour of the person who obtained them. It also arises from arbitration awards bearing the exequatur as well as judicial decisions rendered by the courts of another State and enforceable in France.

Article 2402 of the French Civil Code

November 6, 2023

Other than those provided for by special laws, the claims to which a special legal mortgage is attached are as follows: 1° The claim for the sale price of an immovable is secured on it; 2° The claim of the person who provided the funds for the acquisition of an immovable is secured on it provided that it is authentically recorded by the deed of loan that the sum was…

Article 2403 of the French Civil Code

November 6, 2023

The resolutory action established by article 1654 may not be exercised after the extinction of the seller’s special mortgage, or in the absence of registration of such mortgage, to the prejudice of third parties who have acquired rights over the property on the part of the purchaser and who have published them.

Article 2404 of the French Civil Code

November 6, 2023

The holder of the claim referred to in 7° of Article 2402 conserves its mortgage by the double registration made: 1° By the author of the police order issued pursuant to article L. 184-1 du code de la construction et de l’habitation for measures enacted under penalty of a ban on living in or using the premises or permanent closure of the establishment or article L. 511-11 of the same…

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Chapter III: Mortgages

Article 2395 of the French Civil Code

Article 2396 of the French Civil Code

Article 2397 of the French Civil Code

Article 2398 of the French Civil Code

Article 2399 of the French Civil Code

Article 2400 of the French Civil Code

Article 2401 of the French Civil Code

Article 2402 of the French Civil Code

Article 2403 of the French Civil Code

Article 2404 of the French Civil Code

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Chapter III: Mortgages

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