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Paragraph 2: Rules specific to legal mortgages of minors or adults under guardianship

Article 2398 of the French Civil Code

At the opening of any guardianship, the family council or, failing this, the judge, after hearing the tutor, decides whether a registration must be required on the tutor’s immovables. If so, the family council determines the amount to be registered and designates the immovable property to be encumbered. If not, he may, however, decide that the registration of the mortgage will be replaced by the constitution of a pledge or…

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Article 2399 of the French Civil Code

A minor, after coming of age or emancipation, or an adult under guardianship, after the release of the guardianship of adults, may request, within a period of one year, the registration of his legal mortgage or an additional registration. This right may be exercised by their heirs within the same period or within the year of their death if they died while still a minor or an adult under guardianship….

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