Other than those provided for by special laws, the claims to which a general legal mortgage is attached are: 1° Those of one of the spouses against the other; 2° Those of minors or adults under guardianship against the legal administrator or guardian; > (Repealed) 3° (Repealed); 4° those of the legatee, on the immovable property of the succession, by virtue of article 1017; > (Repealed) 5° funeral expenses; 6°…
When the spouses have stipulated participation in acquests, each has, unless otherwise agreed, the option of registering the legal mortgage as security for the participation claim. The registration may be made before the dissolution of the matrimonial regime, but it will only have effect from that dissolution and on condition that the immovables to which it relates exist on that date in the assets of the debtor spouse. In the…
When a legal mortgage has been registered by application of the preceding article, and unless the marriage contract expressly prohibits it, the spouse benefiting from the registration may consent, in favour of the other spouse’s creditors or his or her own creditors, to an assignment of his or her rank or a subrogation in the rights resulting from its registration. The same applies to a judicial mortgage, guaranteeing maintenance awarded…
Judgments made pursuant to the preceding article shall be rendered in the forms regulated by the Code of Civil Procedure. The legal mortgage of spouses is subject, for the renewal of registrations, to the rules of article 2429.
The provisions of articles 2393 to 2396 shall be brought to the attention of spouses or future spouses under the conditions laid down by decree.
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…
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….
During the minority and guardianship of adults, the registration made under Article 2398 must be renewed, in accordance with article 2429 of the Civil Code, by the clerk of the judicial court.
The legal mortgage attached to judgments of conviction arises from contradictory or default judgments, whether final or provisional, in favour of the person who obtained them. It also arises from arbitration awards bearing the exequatur as well as judicial decisions rendered by the courts of another State and enforceable in France.
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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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