Section 1: General provisions

A mortgage is the assignment of a property as security for an obligation without dispossessing the person who sets it up.

Mortgages are only granted in the cases and according to the forms authorised by law.

A mortgage may be legal, judicial or conventional.

All rights in rem in immovable property which are in commerce are subject to mortgages.

The mortgage extends to improvements made to the mortgaged immovable, as well as to accessories deemed immovable.

The mortgage extends to the interest and other accessories of the secured claim. This extension benefits the third party subrogated in the secured claim for the interest and other accessories due to it.

The mortgage is indivisible, notwithstanding the division of the debt: the co-debtor who owns the mortgaged immovable is, on that immovable, held for the whole; each of the creditors has the whole immovable as security for his share in the debt. The mortgage is still indivisible, notwithstanding the division of the immovable or the plurality of immovables: each part of the divided immovable, each of the immovables is assigned to…