Comprehensive Guide to Mortgages, Security, and Obligations in Civil Law

Posted on Oct 27, 2024 in Law & Jurisprudence

Section 2414. There may be mortgage on their property, but the person who is able to dispose of, and with the requirements for disposal.
They can own property mortgage bonds for the safety of an obligation of others, but there is no personal action against the owner if it has not been specifically subjected to it.

Section 2418. The mortgage can not take place but on real estate that are held in ownership or usufruct, or on ships.
The special rules relating to the mortgage of the ships belonging to the Commercial Code.

Section 2512. Real rights are acquired by prescription in the same way that the domain, and are subject to the same rules, except as follows:
1.A The right of inheritance and the census are acquired by prescription extraordinary ten years.
2.A The easement is acquired under section
882.

Article 704. It’s not fair title
1 The fake, that is not in fact paid by the person sought;
2 The conferred by a person as an agent or legal representative of another not;
3 The suffering from a defect of nullity, as the alienation that must be approved by a legal representative or by court decree, it has not been, and
4 The only putative, as the heir
apparent that it is not actually heir, the legatee of whose legacy has been revoked by a subsequent testamentary act, etc.
However, the putative heir who by judicial decree or administrative decision has been given actual possession, rightfully serve as the decree or decision, as the legatee putative corresponding testamentary act that has been legally executed.

Section 2502. The interruption is natural:
1. º When possession without having passed into other hands, it has become impossible to exercise possessory acts, as when an estate has been permanently flooded;
2. º When you have lost possession for having
She entered another person.
The natural break of the first kind produces no other effect than to discounted its duration, but natural disruption of the second kind makes it lose all the time of the previous possession, unless it has legally recovered possession, pursuant to in the title of the possessory actions, since in that case there had been no interruption means for the dispossessed.

Section 2417. The community member may, before the split of the common, mortgaging their share, but verified the division, the mortgage will affect only the property on account of that fee is awarded, if they are mortgageable. If he is not, the mortgage expires.
It may yet survive the mortgage on the property awarded to the other participants, if these consents to it, and so any indication as by deed, is taken right outside the mortgage registration.

Section 2433. Enrollment will not be canceled for lack of any of the designations prevented under numbers 1. º, 2. º, 3. And 4. º of the preceding article, provided by it or the contract or contracts referred to therein , able to come to the attention of what in the registration being missed.

Section 1491. If that condition is a property so disposed of, or charged with a mortgage, census or servitude, you can not resolve the alienation or encumbrance, but when the condition was stated on the respective title, registered or granted by public deed.

Article 689. Whenever a final sentence it is verified, as acquired by prescription, the domain or any other rights mentioned in Articles 686 and following, will be the title above, and entered in the respective record or records.

Article 715. Possession of intangible things is capable of the same qualities and defects as the possession of a corporeal thing.

Section 2513. The court ruling that declared a prescription will serve as a deed for real property or real rights incorporated in them, but shall not be valid against third parties without the relevant registration.

Section 1906. The assignment of a claim includes its pledges, liens and mortgages, but does not pass the exceptions to the transferor.

Section 1610.
Subrogation is effected by operation of law and even against the will of the creditor, in all cases specified by law, and especially to benefit
1. º The creditor who pays another creditor better title because of a privilege or mortgage;
2. º From that having bought a property, is obliged to pay creditors to whom the property is mortgaged;
3. º The one who pays a debt that is required or subsidiary;
4. º The beneficiary heir who pays with his own money the debts of the inheritance;
5. º The one who pays the debt of another, allowing me to expressly or impliedly authorized the debtor;

6. º The one who has lent money to the debtor for payment, be evidenced in writing and public loan, and will consist of the payment in a public debt have been paid the same money.

Section 1612. Subrogation, both statutory and contractual, transferred to the new lender all rights, claims, privileges, pledges and mortgages of the old, and against the principal debtor, as against any third party, forced or subsidiary debt.
If the creditor has only been partly paid may exercise their rights relative to what should be deducted, in preference to that has only paid a portion of the credit.

Article 570. Are deemed to be property, although by their nature are not things that are permanently aimed at the use, cultivation and processing of a building, however they can be separated without detriment. Such, for example:
Paving slabs;
Plumbing pipes;
The farm tools and mining, and animals currently used for the benefit of a crop or farm, provided they have been placed there by the owner
farm;
The existing fertilizer in it, and intended by the owner of the property to improve performance;
The presses, boilers, vats, stills, vats and machines that are part of an industrial adhesive to the floor, and belong to the owner thereof;
Animals that are kept in hutches, aviaries, ponds, beehives, and any other warrens, provided that they adhere to the ground, or are part of the soil itself, or a building.

Section 2420. The real estate mortgage constituted affect the furniture that they are deemed accession to property under Article 570, but fails to affect them since they belong to third parties.

Article 568. Property or properties or real estate are the things that can not be transported from one place to another as land and mines, and permanently adhering to them, such as buildings, trees.
The houses and lands are called properties or estates.

Article 571. The products of the buildings, and things ancillary to them, like the grass of a field, wood and fruit of the trees, the animals in a vivarium, is reputed furniture, even before their separation, for the purpose of establishing a right in such goods or things to another person as the owner.
The same applies to the land or sand a floor, with metals from a mine, and stones from a quarry.

Section 2421. The mortgage covers all the enhancements and improvements to get the thing mortgaged.

Section 2422. It also extends the mortgage to pensions payable for the lease of the mortgaged property, and the compensation payable by the insurers of the same goods.

Section 2415. The owner of the property subject to mortgage may always dispose of or mortgage, notwithstanding any provision to the contrary.

Section 1965.
If awarded, the thing to the creditor or creditors, will be held as provided in section 1962.

Section 2427. If the property is lost or serious deterioration in terms of not being sufficient for the security of debt, the creditor is entitled to improve the mortgage, unless they consent to be given other security equivalent in the absence of both things, may demand immediate payment of net debt, although the term is pending, or implore the conservative orders that the case admits, if the debt be liquidated, conditional or indefinite.

Section 2424. The mortgagee has to be paid on the things mortgaged the same rights as the lienholder on the garment.

Section 2397. The pledgee has the right to request that the pledge of the defaulting debtor is sold at public auction with the proceeds to be paid, or that in the absence of acceptable position, is appreciated by experts and will be awarded in payment, to the extent of credit, without any stipulation to the contrary is worth, and without prejudice to its right to pursue the principal obligation by other means.
Nor may provide that the creditor has the power to dispose of the cloth or to appropriate it by other means than indicated here.

Section 2428. The mortgage gives the lender the right to pursue the property mortgaged, whoever you have it, and any title that you purchased.
However, this provision does not take place against a third party who acquired the mortgaged property at public auction, ordered by the judge.
But for this exception is effective for the third auction will be the personal summons within the term of notice, the mortgage creditors who have formed on the same farm, which will be covered on the price of the auction in order appropriate.
The judge in the meantime will enter the money.

Section 2414. There may be mortgage on their property, but the person who is able to dispose of, and with the requirements for disposal.
They can own property mortgage bonds for the safety of an obligation of others, but there is no personal action against the owner if it has not been specifically subjected to it.

Section 2430. He who by his own real estate mortgage debt of another, it means personally liable, unless otherwise stipulated.
Whether you have been personally liable or not, it will apply the provision of the preceding article.
The bond is called a mortgage where the guarantor is obliged to mortgage.
The mortgage bond is subject on the personal action to the rules of the simple bond.

Section 2429. The third owner reprimanded for payment of the mortgage constituted on the farm which later became his hands with this tax shall not be entitled to be first to pursue the debtors personally liable.
Making payment is subrogated to the rights of the creditor in the same terms as the guarantor.
If it is deprived of the property or abandon it, be fully indemnified by the debtor, including the improvements done in it.

Article 580. The rights and remedies are deemed real or personal property, as is the thing which must be pursued, or that you need. Thus the right of usufruct over property, is property. Thus the action of the buyer to have it delivered the property purchased, is property, and the action which has lent money to be paid, is movable.

Section 2490. Preferential credits can not be met entirely by the means indicated in previous articles, the deficit will go through the list of appropriations for the fifth class, with whom concur in proportion.

Section 1964. The covenant not to alienate the thing leased, even if the clause of nullity of the sale, does not entitle the tenant but to remain on the lease, to its natural conclusion.

Section 1567. Any obligation may be extinguished by a convention in which the parties concerned, being able to dispose of its own, agree to take it for zero.
The obligations are also extinguished in whole or part:
1 In the settlement or cash payment;
2 º For the conversion;
3 For the transaction;
4 by the reference;
5 º For the compensation;
6 ° In the confusion;
7 The loss of the thing to be;
8 For such revocation or termination;
9 º For the event condition subsequent;
10 º for the prescription.
Of the transaction and the limitation will be discussed at the end of this Book, of the conditions precedent has been treated in the title of conditional obligations.

Section 2434. The mortgage is extinguished along with the principal obligation.
It also extinguishes the right resolution that established it, or the condition subsequent event, according to legal rules.
It was also extinguished by the arrival of the day until which it was formed.
And the creditor cancellation executed by public deed, is taken right outside the respective registration.

Section 2335. Bail is an accessory obligation, under which one or more people respond to an obligation of others, committing to the creditor to comply in whole or part, if the principal debtor fails to comply.
The bond can be formed, not only for the principal debtor, but from another guarantor.

Section 2336. The deposit may be conventional, legal or judicial.
The first is constituted by contract, the second is mandated by law, the third by a decree of court.
The legal and judicial security are subject to the same rules as conventional, except as the law requires it or Procedure Code provides otherwise.

Article 373. Any guardianship or conservatorship must be discerned.
Discernment is called judicial decree authorizing the guardian or conservator to exercise his office.

Article 374. To discern the guardianship or conservatorship will need to precede the granting of bail or bond to the guardian or conservator is required.
Nor will the administration of property, without prior formal inventory.

Section 2343. The guarantor can not be bound over what should be the principal debtor, but may be bound less.
Can be forced to pay a sum of money instead of something else of equal or greater value.
Securing a vicarious compensation only consolidates the fact that its failure to comply is resolved.
The obligation to pay anything but money instead of nothing or a sum of money, is not security.

Section 2344.
It may, however, bound in a more effective, for example, a mortgage, although the primary obligation not have.
Section 2352. The rights and obligations of the guarantors are transmissible to heirs.

Section 2347. The deposit is not presumed, nor should it be extended to more than the light of explicit, but is supposed to understand all the accessories of the debt, and interest, legal costs of the first request made to the principal debtor, the intimation that the result is made the guarantor, and all after this summons, but not those incurred in the time between the first request and the notice above.

Section 2342. People who are under parental authority or guardianship or conservatorship may only be bound as sureties in accordance to what is provided in the securities custody and administration of guardians and conservators. If the husband or wife, married in community property system wilt be bound as sureties, will observe the rules given in the title of the conjugal union.

Section 2343.
Can be forced to pay a sum of money instead of something else of equal or greater value.
.
The obligation to pay anything but money instead of nothing or a sum of money, is not security.

Section 2338. The obligation bond may be accessed by the civil or natural.

Section 2339. You can take hold not just a straightforward requirement, but conditional and time. You can also secure a future obligation, and in this case the guarantor may withdraw when the principal obligation does not exist, being all responsible to the creditor and third parties in good faith, as the principal in the case of Article 2173.

Article 932. The one issue that the ruin of a neighbor will stop building damage, has the right to complain to the judge to be sent to the owner of such building debris, only if it is so impaired that does not support repair, or so, if supported, you order it immediately, and if the defendant not to proceed to implement the court ruling, it will bring down the building or make repairs at their expense.
If the damage is feared the building was not severe enough that the defendant bond yield to compensate any damage by the poor condition of the building occurrence.

Section 1292. If there has to be made immediately the payment of species correctly legacy and fears that are lost or damaged by negligence of the obligation to give them, the executor who is responsible to enforce the legacies, may require them to bond.

Section 1313. You may not assign these secret commissions, more than half of the portion of goods that the testator could freely dispose.

Article 89. Each of the holders given interim bail conservation and restoration, and will own the respective benefits and interests.

Article 376. Instead of the security prescribed in the preceding article, may pledge or mortgage paid enough.

Section 775. The usufructuary may not have the usufruct thing without sufficient security provided for the conservation and restoration, and without formal inventory at its expense, as the curators of goods.
But both constituting the usufruct as the owner may waive the bond to the usufructuary.
Nor is it bound to the donor reserves the usufruct of the thing given.
The bond of the beneficial owner of fungible things be reduced to the obligation to return as many of the same kind and quality or the value that we had at the time of the refund.

Article 777. If the usufructuary fail to give the surety is obligated, within a reasonable period, prescribed by the judge at the request of the owner, the administration will be awarded to it, fee paid to the usufructuary the net value of the fruit, minus the sum Judge prefijare for work and care management.
In the same case may be to rent the thing usufruct, or borrow money at interest the usufruct, according to the usufructuary.
It may also, according to the usufructuary, the usufruct rent the thing and give the money at interest.
It may also, according to the beneficial owner, to buy or sell things or give expendable and take the money borrowed at interest that it comes from.
The furniture included in the usufruct, may be necessary for the personal use of the beneficial owner and his family, will be submitted under oath to restore the species or their values, taking into account the deterioration from the time the legitimate use.
The usufructuary may at any time claiming the administration to provide the surety is liable.

Section 2337.
If the bond is required by law or court decree, it can substitute a lien or a mortgage sufficient

Section 2358. To enjoy the benefit of discussion are necessary the following conditions:
4. Nd that the guarantor has not been ordered by the judge;

Section 1522. The obligor has paid the debt, or extinguished by any means equivalent to payment, is subrogated creditor action with all its privileges and securities, but limited for each of the co-debtors of the part or share to have this co-signer on the debt.
If the business for which it has been contracted joint and several liability, it concerned only one or more of the joint debtors, they will be responsible for each other, according to the parties or quotas allocated to them in debt, and the other co-debtors and guarantors will be considered .
The party or co-debtor insolvent quota is distributed among all the others in proportion to his, including even those whom the creditor has waived solidarity.

Section 2367.
.
The guarantor who has clearly limited its liability to a sum or fixed fee, no
be responsible except to the extent of that amount or fee.

Section 2437. The contract is perfected by antichresis tradition of the building.

Section 2348. It is required to provide security at the request of the creditor:
1. º The debtor who has prescribed;

Section 2438.
Rental property to the creditor applies the provisions in favor of the tenant in the case of section 1962.
.

Section 2349. Whenever the surety given by the debtor falls into insolvency, the debtor will be required to provide new security.

Section 2350. The obligation to provide a surety bond must provide can be bound as such assets have more than enough to make it effective, domicile or address for service within the respective jurisdiction of the Court of Appeals.
To qualify the adequacy of the property only be taken into account property, except in commercial or secured debt is modest.
But do not take into account the property seized or litigation, or that do not exist in the territory of the State or who are subject to burdensome mortgage or conditions subsequent.
If the guarantor is pending burdened with debts that threaten even the buildings not mortgaged to them, neither will they.

Section 2353. The guarantor may make payment of the debt, even before being reprimanded by the creditor, in all cases where the principal debtor unable to do so.

Section 2373. The guarantor who paid before the expiry of the principal obligation, the debtor can not reproach, but after the deadline expired.

Section 2356. Although the surety is not reprimanded, may require the creditor, since the debt becomes due, to proceed against the principal debtor and the creditor after the delays carrying out this requirement, the guarantor shall not be liable for the insolvency of the principal debtor occurring during the delay.

Section 2357. The guarantor has reprimanded the benefit of discussion, under which may require before proceeding against him in pursuit of debt in the principal debtor’s assets, and mortgages or pledges provided by it for the same debt security.

Section 2358. To enjoy the benefit of discussion are necessary the following conditions:
1. Nd has not been expressly waived;

Article 2360. On the resignation of the principal guarantor shall not be deemed to have waived the subfiador.

Section 2358. To enjoy the benefit of discussion are necessary the following conditions:
.
2. Nd that the guarantor is not bound as solidary co-signer;

Section 2358. To enjoy the benefit of discussion are necessary the following conditions:
.
.
.
4. Nd that the guarantor has not been ordered by the judge;

Section 2365. If the creditor is ignored or neglected in the excursion, and the debtor falls in the meantime become insolvent, the guarantor shall not be liable but which exceed the value of assets identified for any excursion.
If the guarantor, expressly and unequivocally not been required to pay but what the creditor can not acquire the debtor, it is understood that the creditor is bound to the excursion, and is not responsible guarantor of the debtor’s insolvency, attending the following circumstances:
1. Nd that the creditor had sufficient resources to be paid;
2. ª Who has been negligent in using them.

Section 2359. Not taken into account for the excursion:
1. º The assets held outside the territory of the State;
2. º The property seized or litigation, or claims of doubtful or difficult recovery;
3. º The property whose domain is subject to a condition subsequent;
4. º The mortgage debt for preferred stock, the part that seems necessary for full payment thereof.

Section 2364. If goods not lead excuted more than a partial payment of the debt, will, however, the creditor must accept it and can not reproach the guarantor but the past due.

Section 2361. The creditor is entitled to the guarantor shall advance the cost of the excursion.
The judge shall fix the amount necessary anticipation, and appoint the person in whose possession is entered, which may be the creditor himself.
If the guarantor prefer to do the excursion itself, within a reasonable time, shall be heard.

Section 2363. The benefit of discussion can not resist but once.
If the excursion of the designated goods once the guarantor had no effect or not sufficient, you can not point out others unless they are subsequently acquired by the principal debtor.

Section 2362. When several major debtors are jointly and severally liable and one of them has given bail, the surety is entitled reprimanded to be excuted not only the property of the debtor, but his co-debtors.

Section 2364. If goods not lead excuted more than a partial payment of the debt, will, however, the creditor must accept it and can not reproach the guarantor but the past due.

Section 1511. In general, when it has been contracted by many people or many things required of a divisible, each of the debtors, in the first event, it is only my part or share of the debt, and each of the creditors in the second, only entitled to sue you or share the credit.
But under the convention, the will or the law may be required for each of the debtors or creditors each of the total debt, then the obligation is joint or insólidum.
Solidarity must be specifically declared in all cases where not required by law.

Section 1367. Legacies with cause that can be estimated in money, do not contribute but the tax deduction, and the circumstances that will be expressed as:
May 1st has been made the object.
2nd place which could not but by investing a certain amount of money.
Again and circumstances should be proved by the legatee, and only because of the tax deducted from the amount you any indication as to have reversed.

Section 2380. The subfiador, in case of insolvency of the guarantor by whom is forced, is responsible for the latter’s obligations towards the other sureties.

Section 2367. If there are two or more sureties of the same debt, which are not jointly and severally liable for payment, the term debt divided equally between them and the creditor can not demand that none but the fee that fit.
The insolvency of a guarantor to impose on others, but not insolvent shall be considered as one whose subfiador not.
The guarantor who has clearly limited its liability to a sum or fixed fee shall not be liable except to the extent of that amount or fee.

Section 1610. Subrogation is effected by operation of law and even against the will of the creditor, in all cases specified by law, and especially to benefit
.
.
3. º The one who pays a debt that is required or subsidiary;

Section 2355. When the creditor has been the guarantor in case you can not take over any action against the principal debtor or against the other sureties, the guarantor shall have the right to recess was the creditor’s claim all that said surety could have obtained the principal debtor or other guarantors through legal subrogation.

Section 2381. The bond is terminated, in whole or part, by the same means as other obligations under the general rules plus:
.
2. º As the creditor or in fact has lost his fault actions in which the guarantor was entitled to subrogation;

Section 2354. The guarantor may assert against the creditor any real exceptions, such as fraud,
violence or res judicata, but not the personal debtor, such as its inability to bind, transfer of property or have the right not to be deprived of what it takes to survive.
Real exceptions are those inherent to the principal obligation.

Section 2369. The guarantor shall be entitled to the principal debtor will obtain the replacement or bonds you the result of the bond, or appropriation of means of payment, in the following cases:
1. º When the principal debtor or adventure recklessly dissipated assets;
2. º When the principal debtor undertakes to obtain the relief of the bond within a certain period and this period has expired;
3. º When you have met the deadline or the condition that makes immediately payable the principal obligation in whole or in part;
4. º If five years have elapsed since the issuance of the bond, unless the principal obligation has been incurred by a longer fixed period, or those that are not subject to extinction in certain time, such as tutors and curators, the beneficial owner, of the annuity, the employee in the collection or administration of public revenues;
5. º If there is justified fear that the principal debtor absconds, leaving no estate sufficient to pay debt.
The rights granted hereunder do not extend to the surety that strengthened against the will of the debtor.

Section 2377. If the guarantor paid without having notified the debtor may oppose it all the exceptions that could have served the same debtor against the creditor at the time of payment.
If the debtor, ignoring the lack of notice of termination of the debt, pay again, the guarantor will not have recourse against him, but the creditor may seek action against the debtor for the overpayment.

Section 2370. The guarantor will take action against the principal debtor to repay what you paid for it with interest and costs, although the security has been ignored by the debtor.
Shall also be entitled to compensation for damages according to general rules.
But you can not ask for reimbursement of expenses inconsiderate, or has been damaged before notifying the principal debtor demand brought against the guarantor.

Section 2374. The guarantor to whom the creditor has forgiven the debt in whole or part, may not recover from the debtor for the amount waived, unless the creditor has assigned its action to that effect.

Section 2375. The shares granted by Article 2370 shall not take place in the following cases:
1. º If the obligation of the principal debtor is purely natural, and has not ratified or validated by the lapse of time;
.
3. º When it was not valid guarantor does not pay the debt has been extinguished.

Section 2377.
.
If the debtor, ignoring the lack of notice of termination of the debt, pay again, the guarantor will not have recourse against him, but the creditor may seek action against the debtor for the overpayment.

Section 2373. The guarantor who paid before the expiry of the principal obligation, the debtor can not reproach, but after the deadline expired.

Section 2372. If there are many major debtors and solidarity, which has secured at all may sue each total debt under the terms of Article 2370, but the guarantor of one particular against him can only repeat the all, and not have against the other but the actions are appropriate as a surrogate on whom the debtor has taken hold.

Section 2378. The guarantor who pays proportionately more than they are entitled, the excess is subrogated to the rights of the creditor against the cofiadores.

Section 2380. The subfiador, in case of insolvency of the guarantor by whom is forced, is responsible for the latter’s obligations towards the other sureties.

Comprehensive Guide to Mortgages, Security, and Obligations in Civil Law

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