Mortgage: general notions: art. 2660 to 2680 + 2733 to 2757
Art. 2660 : Resale right + possible recoursethe LAW PREFERRED: complaint
– art. 604 Cpc and furniture
– art. 715 Cpc if building
Possible appeal :
1) Take the property in payment
2) take possession of the propertyion (requires a Mortgage on a property of a businessif)
3) Vtake the good to court
4) Vfeel good (Requires hypotheca on a property of a company)
Remedies 1 and 3 are remedies for all mortgagees
Remedies 2 and 4 are reserved forux mortgagees on property d‘a company
It is also possible for cclaimants to use their ordinary remedies either personal action or provisional measures
ORequires liquid debtidea and due
Conservatory and international appealsspeeches : art. 2735 (No obligation to be liquidide and due)
Mortgage limits:
Abuse: s. 2734: normal use of the property onlyt
Usus: no limit
Fructus: creditor cannot haver fruits and income : he has no real rightl on the good (RIGHT ACCESSOIRE)
OException : HMAD
Mortgage = accessory real right (it it is a right on a real right) art. 2660
Turningyour favoriteence : priority creditor then mortgage creditors puis unsecured creditors
ODoes not apply in the case ofe taking in payment or taking possession (borntherefore ceases a sale)
Turningt right away : art. 2660 (this is the counterpart of art. 2733)
Ois not for all mortgages: art. 2674 (property sold in the course of activitiesrights of a company = resale right)
OThere is a resale right for HMSDs if a form or pre-registration : art. 2700 (we are outside the actsactivities of a
Turningt accessory : art. 2661
OExtinguished by: art. 2795 to 2802
Novation : art. 1660 (Replacement)
Compensation
Forgiveness of debt (waiver of a right) : art. 1688
Termination of the obligation: art. 2797
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