Article 2415 of the French Civil Code
November 6, 2023
A mortgage may be granted as security for one or more claims, present or future. If they are future, they must be determinable. The cause is determined in the deed.
A mortgage may be granted as security for one or more claims, present or future. If they are future, they must be determinable. The cause is determined in the deed.
A mortgage constituted for business purposes by a natural or legal person may subsequently be assigned to guarantee business claims other than those mentioned in the constitutive deed provided that the latter expressly provides for this. The settlor may then offer it as security, up to the limit of the sum provided for in the constitutive deed and mentioned in Article 2417, not only to the original creditor but also,…
Mortgages are always granted for the capital up to a specified amount, which the notarial deed mentions on pain of nullity. Where applicable, the parties shall assess any indeterminate, contingent or conditional annuities, benefits and rights for this purpose. If the claim is subject to a revaluation clause, the guarantee extends to the revalued claim, provided the deed so states. When it is granted as security for one or more…
Legal, judicial and contractual mortgages only rank from the day of their registration in the real estate register, in the form and manner prescribed by law. By exception, the mortgage provided for in 3° of article 2402 is exempt from registration. It takes precedence over all other mortgages for the current year and for the last two years due. It takes precedence over the vendor’s mortgage and the lender’s mortgage…
The order of preference between mortgagees and pledgees, insofar as their pledge relates to property deemed to be immovable, is determined by the dates on which the respective titles were published, notwithstanding the pledgees’ right of retention. .
Creditors holding the same rechargeable mortgage benefit from the rank of the registration of the agreement constituting the security. However, in their relations with each other, the date of publication of the reloading agreements determines their rank. The same applies to creditors holding a legal or judicial mortgage.
Legal, judicial or contractual mortgages shall be registered with the service responsible for land registration of the location of the property, subject to the exception provided for in the second paragraph of Article 2418. Registration, which is never made ex officio by this service, may only take place for a specific sum and on specific immovables, under the conditions set by article 2423. In any event, the properties on which…
Mortgage creditors cannot usefully take out a registration on the previous owner, from the publication of the transfer made to a third party. Registration has no effect between the creditors of an estate if it has only been made by one of them since the death, in the event that the estate is accepted only up to the net assets or is declared vacant. In the event of a seizure…
The registration of mortgages is carried out by the department responsible for land registration on the filing of two forms dated, signed and certified as true by the signatory of the certificate of identity provided for in articles 5 and 6 of the decree of 4 January 1955; a decree in the Council of State determines the conditions of form with which the form intended to be kept by this…
For the purposes of their registration, mortgages on the lots of an immovable subject to the status of co-ownership are deemed not to encumber the share of the common parts included in these lots. However, registered creditors exercise their rights over the said share as it exists at the time of the transfer, the price of which forms the subject of the distribution; this share is considered to be encumbered…
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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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