Article 2368 of the French Civil Code
November 6, 2023
The reservation of ownership is agreed in writing.
The reservation of ownership is agreed in writing.
Reserved ownership of a fungible asset may be exercised, up to the amount of the outstanding claim, over assets of the same nature and quality held by the debtor or on his behalf.
The incorporation of an item of movable property subject to a retention of title into another item of property does not preclude the creditor’s rights where those items of property can be separated without suffering damage.
In the absence of full payment on the due date, the creditor may request the return of the property in order to recover the right to dispose of it. The value of the property taken back is set off, by way of payment, against the balance of the secured debt. Where the value of the property taken back exceeds the amount of the secured debt still due, the creditor owes…
In the event of alienation or loss of the property, ownership is carried over to the debtor’s claim against the sub-purchaser or to the insurance indemnity subrogated to the property. The sub-purchaser or the insurer may then set up against the creditor the defences inherent in the debt as well as defences arising from its relationship with the debtor before it became aware of the carry-over.
Ownership of movable property or a right may be assigned as security for an obligation under a trust agreement entered into pursuant to Articles 2011 to 2030. The secured obligation may be present or future; in the latter case, it must be determinable. By way of derogation from the’article 2029, the death of the natural person settlor does not terminate the trust contract created under this section.
In the event of a trust entered into by way of security, the contract shall mention, on pain of nullity, in addition to the provisions set out in Article 2018, the debt secured.
In the absence of payment of the secured debt and unless otherwise stipulated in the trust agreement, the trustee, where it is the creditor, acquires the free disposal of the property or right assigned by way of security. Where the trustee is not the creditor, the creditor may require the trustee to surrender the property, which it may then freely dispose of, or, if the trust agreement so provides, to…
If the beneficiary of the trust has acquired free disposal of the property or right assigned pursuant to Article 2372-3, he shall pay to the settlor, where the value mentioned in the penultimate paragraph of that Article exceeds the amount of the debt secured, a sum equal to the difference between that value and the amount of the debt, subject to prior payment of the debts arising from the conservation…
Property assigned pursuant to Article 2372-1 may subsequently be assigned to guarantee debts other than those mentioned in the constitutive act provided that the latter expressly so provides. The settlor may offer it as security, not only to the original creditor, but also to a new creditor, even if the first has not been paid. Where the settlor is a natural person, the trust assets may then be used as…
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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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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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