Sub – rights in kind – insurance in kind
6.3.2.1 – Official Mortgage
(971 – 1026)
6.3.2.1.1 – Establishment of official mortgage
(971 – 983)
Article 971
A formal mortgage is a contract whereby the creditor earns a real estate in kind whereby he may apply to ordinary creditors and the creditors following him in order to fulfill his right of that property in any hands.
Article 972
1. A formal mortgage shall not be held unless it is in an official paper documented in accordance with the law. 2. Expenditure of the contract on the present, unless otherwise agreed.
Article 973
The debtor may be the debtor or another person.
Article 974
If the person is not the owner of the mortgaged property, the mortgage contract shall not be executed against the landlord unless it is approved by an official document documented in accordance with the law.If this declaration is not issued, the right of mortgage shall result from the property only from the time the property becomes owned by the mortgagee.
Article 975
A mortgagee issued by the landlord whose decision to revoke, annul or dissolve the title deed for any other reason shall remain in the interest of the mortgagee if such creditor is in good faith at the time the mortgage is concluded.
Article 976
1. The official mortgage may only be returned to a property unless otherwise provided. 2. The mortgaged property shall be independent of auction, and shall be specifically appointed in terms of its nature and location in the mortgage contract itself or in a subsequent official contract, otherwise the mortgage shall be void.
Article 977
1 – The official mortgage includes the attachments of the mortgaged property which is considered a real estate. 2. It shall include, in particular, buildings and trees existing at the time of foreclosure on the mortgaged property or its development thereafter, easement rights, privatized properties, and all improvements and constructions carried out in the mortgaged property, unless otherwise agreed, and without prejudice to the privilege of amounts due to contractors or Engineers.
Article 978
The owner of the buildings located on the land of third parties may mortgage them formally, in which case the mortgagee creditor shall have the right to apply to collect the debt from the price of the debris if the buildings are demolished, and from the compensation paid by the owner of the land if he retains the buildings.
Article 979
The mortgage issued by all owners of a common property shall remain in force, whatever the result of dividing or selling the property as it cannot be divided.
Article 980
1. If a partner mortgages his or her common interest in all or part of a property, the mortgage shall, after dividing, overburden what falls in the share of the present or part of what falls in his share equal to the amount pledged. This part shall be appointed by order of a petition. 2. Such mortgage shall retain its rank if a new registration is made within sixty days from the time when any interested party notifies the mortgagee of the registration of the division. The retention of such mortgage shall not prejudice the pledge issued by all the partners or the privilege of the shareholders.
Article 981
A mortgage may guarantee a debt pending on a condition, future debt or contingent debt. It may guarantee a credit for an open credit or for opening a current account, provided that the amount of the secured debt or the maximum amount to which the debt ends shall be specified in the mortgage contract.
Article 982
Every part of the mortgaged property or real estate shall be a guarantor of all debt and every part of the debt shall be secured by the real estate or mortgaged property, unless the law provides otherwise or the agreement requires otherwise.
Article 983
1. The mortgage shall be subordinated to the debt secured in its health and expiry, unless otherwise provided by law. 2. If the non-debtor is a debtor, in addition to his or her adherence to his or her own payment, the debtor shall have the right to pay the debtor’s payment in respect of the debtor.
6.3.2.1.2 – Effects of official mortgage
(984 – 1023)
6.3.2.1.2.1 – Effect of mortgage among contractors
(984 – 992)
6.3.2.1.2.1.1 – For the present
(984 – 989)
Article 984
The borrower shall have the right to administer the mortgaged property and shall receive the fruits and all his revenues until the time of joining the real estate as required by the Code of Procedure.
Article 985
1. The rent issued by the current person shall not be executed against the pledgee creditor unless he has fixed the date prior to the registration of the attachment request. However, if the lease is not fixed in this manner, or it has been held after the registration of the reservation application and the rent has not been expedited, it shall not be effective unless it is included in the works of good management. 2. If the lease preceding the registration of the attachment application exceeds ten years, it shall not be effective against the mortgagee for a period of ten years unless it is registered before the mortgage is registered.
Article 986
1. The clearance of the wage shall not be made in advance for a period not exceeding three years and the transfer thereof shall also be valid against the mortgagee creditor unless it is fixed before the registration of the request for attachment. 2. If the settlement or transfer is for more than three years, it shall not be effective against the pledged creditor unless it is registered before the mortgage is registered, otherwise the period shall be reduced to three years, subject to the provision of the preceding paragraph.
Article 987
The mortgagee shall be obliged to guarantee the safety of the mortgage, and the mortgagee creditor may object to any action that would significantly impair his security. In case of urgency, the mortgagee may take the necessary precautionary means at the expense of the mortgagee.
Article 988
1. If the mortgagor causes the mortgaged property to be destroyed or damaged, the mortgagee shall have the option of requiring adequate insurance or immediately fulfilling his right. 2. If the loss or damage arises from a foreign cause and the creditor does not accept that the debt remains unsecured, the debtor has the option of providing adequate insurance or paying off the debt immediately before the due date.
Article 989
If the mortgaged property is destroyed or damaged for any reason whatsoever, the mortgage in its rank shall be transferred to the ensuing right such as compensation, insurance amount and for expropriation for the public benefit.
6.3.2.1.2.1.2 – For the mortgagee creditor
(990 – 992)
Article 990
The mortgagee may collect his right from the mortgaged property in accordance with the prescribed procedures.
Article 991
1. If the person is a person other than the debtor, it may not be carried out on his property except as pledged. He shall not have the right to pay the debtor to be stripped unless there is an agreement to the contrary. 2. Such a person may avoid any action directed against him if he renounces the mortgaged property in accordance with the circumstances and in accordance with the provisions followed by the holder in the abandonment of the property.
Article 992
A mortgage shall not be closed.Any agreement shall be null and void where the mortgagee creditor has the right, when the debt is not fulfilled at the time of its expiry, to own or sell the mortgaged property at any price or to sell it without observing the procedures prescribed by law, even if such agreement has been concluded after the mortgage.
6.3.2.1.2.2 – Effect of mortgage on third parties
(993 – 1023)
6.3.2.1.2.2.1 – Effect of mortgage on third parties
(993 – 999)
Article 993
1. A mortgage shall not be effective against third parties unless it is registered before such third parties earn an in-kind right to the property without prejudice to the provisions prescribed in bankruptcy. (2) It is not valid to assert before third parties the transfer of a secured right by a restricted mortgage, nor to uphold the right arising from the substitution of a person’s place of creditor in this right by law or agreement, nor to uphold the assignment of the mortgage rank in the interest of another creditor, unless the marking is done in the margin of the original registration.
Article 994
The effect of the enrollment shall be limited to the amount stated in the list or the amount secured by the mortgage, whichever is less.
Article 995
The registration shall be canceled if it is not renewed within ten years from the date of its conduct. The creditor may, however, be subject to a new registration, if possible legally, from the time it is made. Any renewal shall have effect only for ten years from the date on which it was effected.
Article 996
New enrollment is a duty even during the execution procedure on the mortgaged property, but it is not obligatory if the right expires or the property is cleared and in particular if the property is sold spend.
Article 997
The registration may only be erased by virtue of a final judgment or by the consent of the creditor by an official report.
Article 998
If the erasure is canceled, the registration shall be restored to its original rank. However, its cancellation shall not have retroactive effect with respect to the entries and registrations made between the erasure and the cancellation.
Article 999
Expenses of registration and renewal and erasure of the current, unless agreed otherwise.
6.3.2.1.2.2.2 – Right of Progress
(1000 – 1003)
Article 1000
Mortgageed creditors shall collect their rights before ordinary creditors from the price of the mortgaged property or from the money that replaced the property, depending on their rank.
Article 1001
The mortgage rank shall be calculated from the time of its registration, even if the debt secured by the mortgage depends on a condition or if it is a future or contingent debt.
Article 1002
The registration of the mortgage shall entail the inclusion of the expenses of the contract and the registration and renewal in the distribution and in the same mortgage rank.
Article 1003
The mortgagee may relinquish his mortgage rank within the limits of the debt secured by such mortgage for the benefit of another creditor who has a mortgage restricted to the same property. It may be possible to hold before this other creditor all aspects of payment that may be held before the first creditor, except as related to the expiration of the right of this first creditor. If this expiration later to assign the rank.
6.3.2.1.2.2.3 – The right of traceability
(1004 – 1023)
Article 1004
1. The pledgee creditor may, upon the expiry of the term of the debt, execute the mortgaged property in the hands of the holder after warning him to pay the debt, unless the holder chooses to pay the debt or purge the property from the mortgage or renounce it. 2. Any person who has been transferred to the mortgaged property for any reason other than inheritance shall be deemed to be the owner of the property or any other right in kind subject to mortgage, without being personally liable for the debt secured by the mortgage.
Article 1005
1. The holder may, if he is not a party to the proceeding in which the debtor is sentenced, retain the payment to which the debtor had been concerned, if the judgment is subsequent to the confirmation of the holder’s description. 2. The holder may, in all cases, uphold the defenses to which the debtor still has the right to hold them.
Article 1006
The holder of the debt secured by the mortgage may spend it and its annexes, including the time spent in the proceedings from the time of warning him to pay the debt. This right shall remain in force until the date of the auction, and in such case it shall have the right to return all that is paid to the debtor and to the person who has received the right. He shall also have the right to replace the creditor who has fulfilled the debt in his rights except those related to insurance provided by another person. Non-debtor.
Article 1007
The holder shall retain the mortgage registration in which he replaced the creditor by renewing it, if necessary, until the restrictions that existed on the property at the time of registration of the title of the holder.
Article 1008
1. Where the holder owes due to possession of the mortgaged property an amount payable immediately enough to satisfy all creditors whose rights to the property are restricted, each of these creditors may compel him to fulfill his right. 2. If the debt owed by the holder is not payable immediately, or is less than or owed to the creditors, the creditors may, if they all agree, require the holder to pay as much as they owe, and the payment shall be in accordance with the conditions The holder of the original pledge to pay accordingly and within the agreed period of payment. 3. In both cases, the holder may not dispose of his obligation to fulfill creditors by relinquishing the property, but if he or she is in possession of the property, the property shall be deemed free of any mortgage and the holder shall have the right to request the erasure of the property restrictions.
Article 1009
1. The holder may cleanse the property of any mortgage registered before the registration of his title deed. 2. The holder may use this right even before the mortgagee creditors give notice to him. This right shall remain in force until the day of attachment of the property by the mortgagee.
Article 1010
If the holder wishes to clear the property, he shall address to each of the restricted creditors a declaration containing the following data: (a) A summary of the title deed confined to the type and date of the disposition, the precise identification of the property and the appointment of its former owner; Price and its accessories. (B) The date of registration of the bond and the number of such registration. (C) A statement of the rights registered on the property prior to the registration of its title, date of registration, amount of rights and names of creditors. (D) The amount estimated by the holder as a value of the property. In any case, this amount shall not be less than the remainder in the possession of the owner of the price of the property if the disposition is a sale.
Article 1011
The holder must state in the declaration provided for in the preceding article that he is willing to pay the debts recorded to the extent that the real estate has done, and not to accompany the offer in cash, but the offer is limited to show his willingness to meet the amount of payment immediately, whatever the maturity of the debt Restricted.
Article 1012
1. Each creditor may register his right and each guarantor of a restricted right may request the sale of the property to be cleared, within thirty days of the last official declaration. 2. The application shall be made by a declaration addressed to the holder and the previous owner. The applicant shall deposit an amount sufficient to cover the expenses of the auction. It may not be refunded in the banks if the auction is not awarded at a price higher than the amount offered by the holder, and the application is void if these conditions are not met. 3. The applicant may not withdraw from his application except with the consent of all registered creditors and all guarantors.
Article 1013
If the sale of the property is requested, the procedures prescribed in the house sales shall be followed. The sale is done at the request of the interested party to expedite the request of the applicant or holder. The person who initiates the proceedings shall state in the sales announcements the amount of the property.
Article 1014
If the sale of the property is not requested within the specified time and in the prescribed conditions, or the sale request, but no higher price has been offered in the auction than the holder has offered, the ownership of the property shall be settled permanently for this holder if the amount offered by the Implementation Management Fund is deposited.
Article 1015
1. The relinquishment of the mortgaged property shall be made by a report submitted by the holder to the administration of the book of the Court of First Instance. 2. Anyone who has an interest in expediting may request the judge of urgent matters to appoint a guard against whom enforcement action will be taken, and the holder shall appoint a guard if so requested.
Article 1016
If the holder does not choose to spend the restricted debts or purge the property from the mortgage or give up the property, the creditor may not take the execution procedures against him unless he is warned to pay the outstanding debt or to vacate the property. The notice shall be issued after the announcement of the executive deed of the debtor, which entrusts him to pay the debt in accordance with or in accordance with the law of pleadings.
Article 1017
The holder shall have the right to enter the auction provided that he does not offer a lower price than the rest of the price of the property being sold.
Article 1018
If the mortgaged property is forcibly sold, even after the clearance or clearance procedure has been awarded and the auction has been awarded to the holder, he shall be deemed to be the owner of the property under his original title deed.
Article 1019
If the auction is awarded in advanced conditions to a person other than the holder. Such person shall receive his right under the judgment of the auctioneer.
Article 1020
If the price of the auction exceeds what is owed to the creditors whose rights are restricted, the increase shall be for the holder and the mortgagee creditors shall be entitled to collect their rights from such increase.
Article 1021
Ownership rights and other in-kind rights shall be the property of the holder before the transfer of ownership of the property to him.
Article 1022
1. The holder shall return the claim for security to the person who has received the right in accordance with the rules of recourse to the successor. 2. The holder shall also refer to the debtor what he has paid in excess of what is owed by him under the title of his right, whatever the reason for paying such increase. It shall replace the creditors who have understood their rights and, in particular, shall replace them with insurances provided by the debtor without insurances provided by another person.
Article 1023
The holder is liable to creditors for any damage to the property.
6.3.2.1.3 – Expiration of official mortgage
(1024 – 1026)
Article 1024
ينقضي الرهن الرسمي بانقضاء الدين المضمون ، ويعود معه إذا زال السبب الذي انقضى به الدين دون إخلال بالحقوق التي يكون الغير حسن النية قد كسبها في الفترة ما بين انقضاء الدين وعودته.
المادة رقم 1025
إذا تمت إجراءات التطهير انقضى حق الرهن الرسمي نهائيا ، ولو زالت لأي سبب من الأسباب ملكية الحائز الذي طهر العقار.
المادة رقم 1026
إذا بيع العقار المرهون بيعا جبريا بالمزاد العلني سواء كان ذلك في مواجهة مالك العقار أو الحائز أو الحارس الذي سلم إليه العقار عند التخلية، فإن حقوق الرهن على هذا العقار تنقضي بإيداع الثمن الذي رسا به المزاد أو بدفعه إلى الدائنين المقيدين الذين تسمح مرتبتهم باستيفاء حقوقهم من هذا الثمن.
6.3.2.2 – الرهن الحيازي
(1027 – 1060)
6.3.2.2.1 – انشاء الرهن الحيازي
(1027 – 1032)
المادة رقم 1027
A mortgage is a contract in which a person, in order to guarantee a debt against him or another, is obliged to hand over to the creditor or to a justice appointed by the contracting parties, something which entails the creditor in-kind right to hold the thing until the debt is satisfied. And that the ordinary creditors and the following creditors shall rank him in the right of such thing in any hand whatsoever.
Article 1028
It is not subject to possession of a pledge except that it can be sold independently by auction, movable and real estate.
Article 1029
The provisions of Articles 974, 975, 978, 981, 982 and 983 concerning the official mortgage shall apply to the possessory mortgage.
Article 1030
The common property may be mortgaged, and the provisions of Articles 979 and 980 shall apply to this mortgage.
Article 1031
The mortgage includes the attachments of the pledged object.
Article 1032
The object may be mortgaged subject to a security for several debts if the recipient accepts to hold it for the account of the holders of such debts, even if he is one of them.
6.3.2.2.2 – Effects of possessory mortgage
(1033 – 1044)
6.3.2.2.2.1 – Among contractors
(1033 – 1041)
6.3.2.2.2.1.1 – For the present
(1033 – 1036)
Article 1033
1. The person presenting the mortgaged thing shall be handed over to the creditor or justice designated by the contractors for receipt. 2. The obligation to deliver the pledged object shall be governed by the provisions of the obligation to deliver the sale.
Article 1034
If the mortgagee returns to the possession of the mortgage, the mortgage shall expire, unless the mortgagee proves that the return was due not to the expiration of the mortgage. All this without prejudice to the rights of third parties in good faith.
Article 1035
The mortgagee shall guarantee the safety and effectiveness of the mortgage and shall not have the right to perform any act that detracts from the value of the pledged property or prevents the creditor from using his rights derived from the contract.The mortgagee, in case of urgency, may take at his expense all means necessary to preserve the pledged thing.
Article 1036
Article 988 and 989 shall be subject to the destruction or damage of the mortgaged property subject to the possession.
6.3.2.2.2.1.2 – For the mortgagee creditor
(1037 – 1041)
Article 1037
If the pledgee creditor receives the pledged object, he shall exert the care and maintenance of the ordinary person, and he shall be responsible for the destruction or damage of the object, unless it is proved that it is due to a foreign cause that has no hand in it.
Article 1038
1. The creditor shall not avail itself of the pledged property free of charge. 2. He shall invest it fully in accordance with its nature, unless otherwise agreed. 3. The creditor obtained from the net proceeds and the benefit of the use of the item shall be deducted from the amount secured by the mortgage, even if it has not expired, provided that the deduction shall be first from the value of what he spent in maintaining the thing and the repairs and the costs he paid, and then the compensation he owed. , Then out of expenses, then out of debt.
Article 1039
1. The pledgee creditor shall administer the pledged object and shall exercise due diligence on the part of the ordinary person and shall not alter the manner in which the pledged object is exploited except with the consent of the present and shall notify the person of any matter requiring his intervention. 2. If the creditor abuses this right or mismanages or commits gross negligence, the borrower has the right to request that the object be placed under custody or recovered in return for payment.
Article 1040
The mortgagee is obliged to return the mortgaged object to the present after he fulfills his full right and related expenses and compensation.
Article 1041
The provisions of Article 991, paragraph 1 and Article 992 shall apply to the mortgage.
6.3.2.2.2.2 – For others
(1042 – 1044)
Article 1042
The enforceability of the mortgage against third parties shall be the thing mortgaged in the hands of the mortgagee or the justice which the contractors have agreed to.
Article 1043
1 – يخول الرهن الدائن المرتهن الحق في حبس الشيء المرهون دون إخلال بما للغير من حقوق تم حفظها وفقا للقانون. 2- وإذا خرج الشيء من يد الدائن دون إرادته أو دون علمه كان له الحق في استرداده وفقا لأحكام الحيازة.
المادة رقم 1044
لا يقتصر الرهن الحيازى على ضمان أصل الحق وإنما يضمن أيضا وفي نفس المرتبة : (أ)- المصروفات الضرورية التي أنفقت للمحافظة على الشيء، دون إخلال بامتياز مصروفات الحفظ. (ب)-التعويضات عن الأضرار الناشئة عن عيوب الشيء. (ﺠ)- مصروفات العقد الذي أنشأ الدين ومصروفات عقد الرهن وقيده عند الاقتضاء والمصروفات التي اقتضاها تنفيذ الرهن.
6.3.2.2.3 – انقضاء الرهن الحيازي
(1045 – 1047)
المادة رقم 1045
ينقضي حق الرهن الحيازي بانقضاء الدين المضمون ويعود معه إذا زال السبب الذي انقضى به الدين ، دون إخلال بالحقوق التي يكون الغير حسن النية قد كسبها في الفترة ما بين انقضاء الحق وعودته.
المادة رقم 1046
The right of the possessory mortgage shall also lapse by one of the following reasons: (a) If the mortgagee relinquishes this right and has the capacity to discharge the debtor from the debt, the assignment may be implicitly benefited from the renunciation of the pledge by the creditor. However, if the debt secured by the mortgage is truly overburdened to third parties, the assignment of the creditor shall not be effected against such third parties unless it is approved. (B) If the right of possession of the mortgage is combined with the right of ownership in the hands of one person. (C) If the object perishes or the mortgaged right expires.
Article 1047
If the borrower offers an opportunity to sell the pledged property and the sale is a winning transaction, the borrower may request the court to authorize the sale of such thing, even before the debt is due. After balancing the interests of both parties, the court may authorize the sale, then determine the conditions of sale and decide on the deposit of the price.
6.3.2.2.4 – Certain Types of Tenure Mortgage
(1048 – 1060)
6.3.2.2.4.1 – Mortgage of the property
(1048 – 1049)
Article 1048
For the entry into force of a mortgage against a third party in addition to the transfer of possession, the mortgage shall be credited.
Article 1049
1. A mortgagee may lease the mortgagee to the mortgagee without prejudice to the foreclosure of the mortgage against third parties. 2. If the lease is agreed upon in the mortgage contract, this shall be stated in the registration, but if it is agreed after the mortgage, it shall be indicated in the margin of registration, but such indication shall not be necessary if the lease is implicitly renewed.
6.3.2.2.4.2 – Mortgage of movable
(1050 – 1053)
Article 1050
For the transfer of the pledge of the movable to the third party, together with the transfer of possession, the contract shall be written in a fixed date paper showing the amount guaranteed and the pledged eye sufficiently. This fixed date determines the rank of foreclosure.
Article 1051
Provisions relating to the effects of the acquisition of tangible movables and the bonds of the bearer shall apply to the movable mortgage.
Article 1052
1. If the mortgaged object is threatened with destruction, damage or lack of value in such a way that it is feared that it may become insufficient to guarantee the right of the creditor and the debtor does not request his return in return for something else offering his allowance. Stock exchange or market. 2. The judge shall decide on the deposit of the price at the time of authorization to sell and the creditor’s right in this case shall be transferred from one thing to its price.
Article 1053
If the mortgagee does not fulfill his right, the mortgagee may request the judge to authorize him to sell the object subject to auction or its price on the stock exchange or the market.
6.3.2.2.4.3 – Mortgage of debt
(1054 – 1060)
Article 1054
1. The pledge of debt shall not be effective against the debtor except by declaring the mortgage or accepting it in accordance with the rules of assignment. 2. Such mortgage shall not be effective against third parties except as of the acquisition of the pledged debtor or justice by the pledge of the pledged debt and the declaration of the debtor by pledge or fixed date of acceptance.
Article 1055
Mortgage of sukuk shall be subject to an order as required by law.
Article 1056
The debt may not be mortgaged if it is not transferable or attachment.
Article 1057
The payment of the debt, its renewal, the set-off, the union of debts or discharge thereof in the face of the pledged creditor shall not apply unless it is approved. Nor shall there be any amendment in the religion that would harm him except by accepting it.
Article 1058
In a pledged debtor, the debtor may, prior to the pledge of the pledgee, retain the payment in respect of the validity of the mortgage secured right, as well as the payment which he has before his original creditor, to the extent that the debtor may, in the case of a transfer, hold such payments before the assignee.
Article 1059
1 – إذا حل الدين المرهون قبل حلول الدين المضمون بالرهن ، فلا يجوز للمدين أن يوفي الدين إلا للمرتهن والراهن معا ، ولكل من هذين أن يطلب إلى المدين إيداع ما يؤديه ، وينتقل حق الرهن إلى ما تم إيداعه. 2- وإذا لم يتفق الراهن والمرتهن على طريقة استغلال ما أداه المدين ، قضت المحكمة بما تراه أنفع للراهن دون أن يكون فيه ضرر للدائن المرتهن.
المادة رقم 1060
إذا أصبح كل من الدين المرهون والدين المضمون بالرهن مستحق الأداء جاز للدائن المرتهن أن يقبض من الدين المرهون ما يكون مستحقا له أو أن يطلب بيع هذا الدين وفقا للمادة 1053.
6.3.2.3 – حقوق الامتياز
(1061 – 1082)
6.3.2.3.1 – أحكام عامة
(1061 – 1069)
المادة رقم 1061
لا يكون للحق امتياز إلا بمقتضى نص في القانون.
المادة رقم 1062
1. The law shall determine the order of excellence. If the law does not specify the privilege of his rank, he is lagging behind every privilege stipulated in his rank. 2. If the privileged rights are in the same order, they shall be fulfilled in proportion to the value of each unless there is a provision to the contrary.
Article 1063
The general concession rights are repaid on all debtor property, movable and real estate. Private franchises are limited to a movable property.
Article 1064
(1) There shall be no registration in public concessions, even if they are received on a property, nor is it required in real estate concessions guaranteeing amounts due to the public treasury. 2. These privileged rights shall all be prior to any other real estate concession or any official mortgage right, irrespective of the date of registration. Among them, the concessionaire guaranteeing the amounts due to the treasury is ahead of the general concessions.
Article 1065
Public concession rights shall not entail the right of traceability, subject to the provisions of the law regarding the privilege of the amounts due to the public treasury.
Article 1066
The special concessions on real estate shall be subject to the provisions of the official mortgage to the extent that they do not conflict with the nature of these rights. In particular, the provisions of cleansing and registration, the effects of the registration and the related renewal and erasure shall apply.
Article 1067
1 – The right of concession shall not be invoked against the person who has transferred in good faith as being free from it. 2. The landlord shall be deemed to be the owner of the property in respect of movables in the leased property and the owner of the hotel in respect of the baggage brought by the inmates to his hotel.
Article 1068
The concession shall be subject to the provisions applicable to the official mortgage related to the destruction or damage of the object.
Article 1069
The right of concession shall be terminated in the same manner as the right of official mortgage and the right of possession in accordance with the provisions of the expiry of these rights to the extent that such provisions do not conflict with the nature of the concession, unless there is a special provision to the contrary.
6.3.2.3.2 – Types of Preferred Rights
(1070 – 1082)
6.3.2.3.2.1 – Types of Preferred Rights
(1070 – 1070)
Article 1070
The rights set forth in the following articles are excellent in addition to the franchises established by special provisions.
6.3.2.3.2.2 – General franchises and special franchises located on a movable
(1071 – 1079)
Article 1071
1. Judicial expenses incurred in the interest of all creditors in the custody, sale and distribution of the debtor’s property shall have a privilege over the price of such funds. 2. Such expenses shall be collected before any other right, even if it is excellent or secured by mortgage. 3. Expenditures spent on the sale of funds are higher than those spent on distribution procedures.
Article 1072
1. The amounts due to the public treasury from taxes, fees and other rights of any kind shall have the privilege of the conditions prescribed in the laws and regulations issued in this regard. 2. Such amounts shall be collected from the price of the funds burdened by this concession in any hands whatsoever before any other right, even if it is excellent or secured by a mortgage other than judicial expenses.
Article 1073
The amounts spent in the maintenance of the movable and the necessary repairs shall have the privilege of the whole. 2. These amounts shall be collected from the price of the movable after the judicial expenses and the amounts due to the public treasury, but among them, they shall be presented to each other in the reverse order of their disbursement dates.
Article 1074
1. The following rights, to the extent that they are due in the last six months, shall have a lien on all debtor property, movable and immovable. (A) The amounts due to servants, workers and any other wage of their wages and salaries of any kind. (B) Amounts due to food, clothing and medicine paid to the debtor and his dependents. (C) The alimony owed by the debtor to the person to whom it is incurred. 2. Such amounts shall be collected after judicial expenses, amounts due to the public treasury and conservation and repair expenses. Among them, they meet the proportion of each.
Article 1075
1- The amounts spent in sowing, fertilizer and other fertilizers and insect-resistant materials, and the amounts spent in the work of agriculture and harvesting, have the privilege on the crop spent in production and all have the same rank. General, conservation and repair expenses and amounts guaranteed by general privilege.
Article 1076
1. The rent of buildings and lands for two years or for the duration of the lease, if any, and any other right of the lessor under the lease, shall all have the privilege of the movable movable movable and agricultural crop. 2. The concession shall be proved even if the movables are owned by the wife of the lessee or owned by others and the landlord was not aware at the time of placing them in the leased property of the right of third parties, without prejudice to the provisions relating to stolen or lost movables. 3. The concession also falls on movables and crops owned by the sub-tenant if the lessor explicitly stipulates that the lessee shall not sub-rent. Not to pay these amounts to the original tenant. 4. If the liened property is transferred from the leased property in spite of opposition or unknowingly from the lessor and there is no sufficient funds left in the eye to secure the privileged rights, the lien remains based on the transferred funds without prejudice to the right acquired by third parties in good faith on such property. . The concession shall remain valid even if it harms the right of third parties for three years from the day of its transfer if the lessor signs an entitlement attachment within the legal time. However, if such funds are sold to a buyer of good faith in a public market or at auction or whoever trades in them, the lessor shall pay the price to that buyer. 5. Such preference shall be levied on the price of the property liened after the rights set forth in the preceding Articles, unless such rights are ineffective against the lessor as a holder of good faith.
Article 1077
1. Amounts due to the hotel owner in the case of the guest in respect of the fare of the accommodation and supplies and what is paid to his account, shall have a privilege over the baggage brought by the guest at the hotel or its accessories. 2. The lien shall be on the luggage, even if it is not owned by the inmate, if it is not proved that the owner of the hotel knew at the time of admission to the third party against it provided that such luggage was not stolen or lost. The hotel owner may oppose the transfer of luggage from his hotel as long as he is not fully satisfied. If the baggage is transferred despite or without his knowledge, the lien remains in force without prejudice to the rights acquired in good faith by others in the manner set forth in Article 1076 in respect of the lien of the property. 3 – The privilege of the owner of the hotel the same rank as the privilege of the lessor, if the contention of the two injected earlier in history, unless it is not valid for the other.
Article 1078
1. The price and accessories of the transferable seller shall have a lien on the sale item, and the lien shall remain valid as long as the sale is self-sustaining, without prejudice to the rights acquired in good faith by third parties, subject to the provisions of commercial articles. 2. The concession shall be ranked as follows for the privileges mentioned in the preceding Articles, but shall prevail over the lessor’s privilege and the privilege of the hotel owner if it is proved that they were aware of it at the time of placing the sale in the leased property or hotel.
Article 1079
1. The partners who have shared a movable property shall have the right of concession against them in order to secure the right of each of them to recourse against others on the basis of division and to fulfill the rate determined therein. 2. The privilege of the shareholder shall have the same rank as that of the seller.
6.3.2.3.2.3 – Special concessions on real estate
(1080 – 1082)
Article 1080
1- The price and accessories of the property seller shall be entitled to a privilege over the property sold. 2. The concession shall be registered even if the sale is registered and its rank shall be from the time of registration.
Article 1081
Amounts due to contractors and engineers entrusted with the construction, re-construction, restoration or maintenance of buildings or other facilities shall have a concession over such facilities to the extent that such works are excessive in value of the property at the time of sale. 2. Such privilege shall be recorded, and its rank shall be from the time of registration, subject to the provisions of article 977.
Article 1082
1- If the partners share a common property among them, each of them has the right to refer to others because of division and to meet the rate decided upon in it, which shall be guaranteed a lien on all the sorted shares that occurred in the share of the other partners. 2. Such privilege shall be recorded, and its rank shall be from the time of registration.
