Il peut être convenu dans la convention d'hypothèque que le créancier deviendra propriétaire de l'immeuble hypothéqué. Toutefois, cette clause est sans effet sur l'immeuble qui constitue la résidence principale du débiteur.
NOTA:
NOTA : Ordonnance 2006-346 du 6 mars 2006 art. 57 : Spécificités d'application.
Article 2459
Il peut être convenu dans la convention d'hypothèque que le créancier deviendra propriétaire de l'immeuble hypothéqué. Toutefois, cette clause est sans effet sur l'immeuble qui constitue la résidence principale du débiteur.
Article 2459
Après la vente, le tiers acquéreur retrouve les droits réels, notamment les servitudes, qu'il avait sur l'immeuble avant qu'il ne l'acquière.
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.
Pour continuer la lecture
SOLLICITEZ VOTRE ESSAI
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