Article 2405 of the French Civil Code
November 6, 2023
By way of derogation from Article 2404, the mortgage may also be preserved solely by registration of the debt recovery instrument, up to its value.
By way of derogation from Article 2404, the mortgage may also be preserved solely by registration of the debt recovery instrument, up to its value.
Registration fees are payable by the debtors.
When the measures prescribed by the order or formal notice referred to in 1° of Article 2404 have been carried out by the owner or operator, the publication at their expense of a release order prior to the registration of the recovery order as provided for in 2° of the same article renders the first registration null and void. Mention is made of the cancellation resulting from this lapse in…
The judicial mortgage, which is constituted as a conservatory measure, is governed by the Code of Civil Enforcement Procedures.
The conventional mortgage is granted by notarial deed. The mandate to mortgage is given in the same forms.
A conventional mortgage may only be granted by a person who has the capacity to dispose of the immovable subject to it.
A person who has only a conditional right in the immovable may only grant a mortgage subject to the same condition.
A mortgage on an undivided immovable retains its effect regardless of the outcome of the partition if it has been granted by all the undivided co-owners. Otherwise, it retains its effect only to the extent that the undivided co-owner who granted it is, at the time of the partition, allotted the undivided immovable or immovables or, where the immovable is auctioned to a third party, if that undivided co-owner is…
Contracts made in foreign countries cannot give a mortgage on French property, unless there are provisions contrary to this principle in political laws or treaties.
The mortgage may be granted on present or future immovable property. On pain of nullity, the notarial deed shall specifically designate the nature and location of each of these immovables, as stated in Article 2421.
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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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