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Article 2435 of the French Civil Code

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.

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Article 2436 of the French Civil Code

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…

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Article 2437 of the French Civil Code

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,…

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Article 2438 of the French Civil Code

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.

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Article 2439 of the French Civil Code

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. .

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