Understanding Obligations, Mortgages, and Property Rights
Section 2465: Personal Obligations
All personal obligations give the creditor the right to pursue its implementation on all real or personal property of the debtor, whether present or future, except those not subject to arrest, as designated in article 1618.
Section 2468: Acts Before Sale
Regarding acts done before the sale of goods or the opening of competition, observe the following provisions:
- Creditors are entitled to terminate onerous contracts, and mortgages, pledges, and antichresis that the debtor has granted to their detriment, if both the grantor and the purchaser acted in bad faith, knowing the poor business of the former.
- Acts and contracts not covered under the preceding paragraph, including referrals and release agreements free of charge, will be rescinded, proving the bad faith of the debtor and the injury of creditors.
- The actions granted to creditors in this article expire one year from the date of the transaction or contract.
Article 46: Bonding
Bonding usually means any obligation that is contracted for the safety of another or self-employment obligation. Species of bail bonds include mortgages and pledges.
Section 2407: Definition of Mortgage
A mortgage is a right of pledge, made on property left in the possession of the debtor.
Article 577: Property Law
Property law is what we have on one thing without regard to any particular person.
The real rights of ownership include inheritance, usufruct, use or habitation, active easements, the pledge, and mortgage. From these rights arise real actions.
Article 580: Real vs. Personal Property
Rights and actions are deemed real or personal property, depending on the nature of the thing which must be pursued, or that you need. For example, the right of usufruct over property is real property. The action of the buyer for the property to be delivered is real property, and the action to be paid for lent money is movable property.
Section 2407: Mortgage Details
A mortgage is a right of pledge, made on properties that do not leave the possession of the debtor.
Section 2418: Mortgage Limitations
A mortgage can only be placed on real estate held in ownership or usufruct, or on ships.
Special rules relating to the mortgage of ships belong to the Code of Trade.
Article 686: Tradition of Real Estate
The tradition of real estate domain is carried out by registration of title in the Conservative Record.
Similarly, the tradition of the rights of usufruct or use in real estate, rights or census room, and the right of mortgage are made.
The tradition of mines will be addressed in the Mining Code.
Article 46: Burial Regulations
The Officer will, in the register, make the respective registration and issue the license or pass, and bring it to the time since the burial which can be done, which should not be less than twenty-four hours after death. In case of epidemics, the burial shall be in accordance with the directions issued by the health authority.
For burial in a cemetery located in a place other than death, it shall be governed by the laws or relevant health regulations.
Section 2427: Mortgage Security
If the property is lost or suffers serious deterioration, such that it is not sufficient for the security of the debt, the creditor has the right to improve the mortgage. Unless they consent to be given other equivalent security, they may demand immediate payment of the net debt, even if the term is pending, or implore the conservative orders that the case admits, if the debt is liquidated, conditional, or indefinite.
Section 2431: Mortgage Limits
The mortgage may be limited to a certain amount, provided that this is clearly expressed. In no case shall it extend more than twice the amount known or suspected of the principal obligation, unless this has been stipulated.
The debtor is entitled to reduce the mortgage to that amount, and the reduced cost will be a new registration, under which the first is not valid for the amount until they are fixed in the second.
Article 376: Alternative Security
Instead of the security prescribed in the preceding article, a pledge or mortgage may be paid.
Article 81: Declaration of Absence
The defender of the absent will be heard, to proceed with the declaration, and all judicial proceedings that followed. The judge, upon request from counsel, or any person having an interest in it, or officially, may also require evidence that he tabled the disappearance. If not deemed successful, the others agreed in the circumstances.
Section 2413: Mortgage Timing
It may also be given at any time before or after you enter contracts, and will run from when you enroll.
Article 376: Alternative Security (Repeated)
Instead of the security prescribed in the preceding article, a pledge or mortgage may be paid.
Article 517: Sufficient Property
It will not be admitted as an excuse not to find sureties, if the claims have sufficient property. In this case, they will be required to provide a mortgage or lien on them until the amount deemed sufficient to meet its administration.
Article 455: Rehabilitation
The arrangements in the preceding article shall be prescribed by the judge using the same procedures as for the original ban, and will be followed by the registration and notification prescribed in Article 447. In the case of rehabilitation, it will be limited to state that such individual (designated by name, surname, and address) has the freedom to administer their assets.
Section 1461: Objects of Declaration
Not only existing things can be objects of a declaration of will, but also those that are expected to exist. However, it is necessary that both are tradable and certain, at least in terms of gender.
The amount may be uncertain if the act or contract contains fixed rules or factors used to determine it.
If the object is a fact, it must be physically and morally possible. It is physically impossible if it is contrary to nature, and morally impossible if prohibited by law, or contrary to public morality or public order.
Section 2431: Mortgage Limits (Repeated)
The mortgage may be limited to a certain amount, provided that it is clearly expressed. In no case shall it extend more than twice the amount known or suspected of the principal obligation, unless this has been stipulated.
Section 2432: Mortgage Registration
Registration of the mortgage must contain:
- The name, surname, and address of the creditor, and their profession, if they have any, and the same designations relative to the debtor, and those who, as attorneys or legal representatives of one or the other, require registration. Legal persons will be designated by their legal or popular designation, the place of their establishment, and their representatives will be extended to what is said of the attorneys or legal representatives in the preceding paragraph.
- The date and nature of the contract to enter the mortgage, and the file is located. If the mortgage has been established by a separate act, they also express the date of this act, and the file exists.
- The situation of the property mortgaged and its boundaries. If the mortgaged property is rural, the province and the municipality to which it belongs are expressed, and if it belonged to several, all of them.
- The amount given to extending the mortgage in the case of the preceding article.
- The date of registration and the signing of the Conservative.
Section 2413: Mortgage Conditions
The mortgage may be issued under any condition, and to or from a certain day.
Issued under a suspensive condition or from a certain day, it is not valid until the condition is fulfilled or the day arrives. When the condition is fulfilled or when the day comes, it will be the date of registration.
It may also be given at any time before or after you enter contracts, and will run from when you enroll.
Section 2431: Mortgage Limits (Repeated)
The mortgage may be limited to a certain amount, provided that it is clearly expressed. In no case shall it extend more than twice the amount known or suspected of the principal obligation, unless this has been stipulated.
The debtor is entitled to reduce the mortgage to that amount, and the reduced cost will be a new registration, under which the first is not valid for the amount until they are fixed in the second.
Article 732: Domain Limitations
This domain may be limited in several ways:
- Since moving on to another person under a condition;
- For the assessment of a usufruct, use, or habitation, to which a person is entitled on the things that belong to another; and
- For the easements.
Section 2427: Mortgage Security (Repeated)
If the property is lost or suffers serious deterioration, such that it is not sufficient for the security of the debt, the creditor has the right to improve the mortgage. Unless they consent to be given other equivalent security, they may demand immediate payment of the net debt, even if the term is pending, or implore the conservative orders that the case admits, if the debt is liquidated, conditional, or indefinite.