Le débiteur ne peut réclamer la restitution de l'immeuble avant l'entier acquittement de sa dette.
- Accueil
- Législation
- Code Civil
- Livre IV. Des Sûretés
- Titre II. Des Sûretés Réelles
- Sous-titre III. Des Sûretés Sur Les Immeubles
- Chapitre III. Des Hypothèques
- Section 1. Dispositions Générales
Article 2391, Code civil
Vincent
| Jurisdiction | France |
| Link to Original Source | https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000044071638 |
L'hypothèque est indivisible, nonobstant la division de la dette : le codébiteur propriétaire de l'immeuble hypothéqué est, sur cet immeuble, tenu pour le tout ; chacun des créanciers a l'entier immeuble pour sûreté de sa part dans la créance.
L'hypothèque est encore indivisible, nonobstant la division de l'immeuble ou la pluralité d'immeubles : chaque partie de l'immeuble divisé, chacun des immeubles est affecté à la sûreté de la totalité de la dette.
NOTA:
Conformément à l’article 37 de l’ordonnance n° 2021-1192 du 15 septembre 2021, ces dispositions entrent en vigueur le 1er janvier 2022.
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