Paragraph 2: Special provisions relating to mortgages held by spouses and guardians

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…

If the value of the immovables on which the mortgage of the minor or of the adult under guardianship has been registered significantly exceeds what is necessary to guarantee the management of the guardian, the latter may ask the family council or, failing this, the guardianship judge to reduce the registration to the sufficient immovables. He may likewise ask him to reduce the assessment that had been made of his…

Judgments on the claims of a spouse, guardian or legal administrator in the cases provided for in the preceding articles shall be given in the forms regulated in the Code of Civil Procedure. If the court pronounces the reduction of the mortgage to certain properties, the registrations taken on all the others shall be cancelled.