Article 2431 of the French Civil Code
November 6, 2023
If any of the time limits set out in articles 2428 and 2429 has not been complied with, the registration shall have no effect beyond the date on which this period expires.
If any of the time limits set out in articles 2428 and 2429 has not been complied with, the registration shall have no effect beyond the date on which this period expires.
When a provisional registration of a judicial mortgage has been made, the provisions of articles 2429 to 2431 apply to the definitive registration and its renewal. The starting date for the time limits is the date of definitive registration or renewal. .
If there is no stipulation to the contrary, the costs of the registrations, the advance of which is made by the registrant, shall be borne by the debtor, and the costs of the publication of the deed of sale, which may be required by the vendor with a view to the registration of his legal mortgage, shall be borne by the purchaser.
The actions to which the registrations may give rise against the creditors shall be brought before the competent court, by writ served on them personally, or at the last of the domiciles elected by them on the registration slips, and this, notwithstanding the death, either of the creditors, or of those with whom they have elected domicile.
Registrations shall be struck off with the consent of the parties concerned and having capacity to do so, or by virtue of a judgment of last resort or having the force of res judicata. Cancellation is binding on a creditor who has not made the publication, in the form of a note in the margin, provided for in the fourth paragraph of Article 2416.
In either case, those requesting the cancellation shall file with the service responsible for land registration the authenticated copy of the deed of consent, or that of the judgment. No supporting document is required in support of the authenticated copy of the deed as regards the statements establishing the status, capacity and quality of the parties, where these statements are certified as accurate in the deed by the notary or…
Cancellation not consented to shall be applied for in the court within whose jurisdiction the entry was made, except where that entry was made as security for a possible or indeterminate sentence, on the enforcement or liquidation of which the debtor and the alleged creditor are pending or are to be tried in another court; in which case the application for cancellation must be brought there or referred there. However,…
Removal must be ordered by the courts, where the registration has been made without being founded either on the law or on a title, or where it has been made by virtue of a title that is either irregular, extinguished or settled, or where the mortgage rights are erased by legal means.
Where registrations taken under a general legal mortgage are excessive, the debtor may request their reduction by complying with the jurisdictional rules set out in Article 2437. Registrations which encumber several properties are deemed to be excessive when the value of one or more of them exceeds a sum equal to twice the amount of the legal capital claims and accessories, plus one third of this amount. .
When the legal mortgage has been registered pursuant to article 2394, and unless there is an express clause in the marriage contract prohibiting it, the spouse who is the beneficiary of the registration may release it in whole or in part. The same applies to a legal mortgage, or possibly a judicial mortgage, guaranteeing maintenance allocated or likely to be allocated to a spouse, for himself or herself or for…
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is a Registered Trademark of
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182, rue de Rivoli
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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