Law 2101 Study Guide - Quiz Guide: Wine Cellar, Napoleonic Code, Floating Charge
Document Summary
1692 sale or assignment of a claim includes accessories. 2424 a hypothec is transferred with the secured debt. Germany: 1250 assignment of a claim also transfers the pledge. Netherlands: 1113 definition, 873 registration is required, 1153(1) has accessory character, 1162 . 1191 content of grundschuld it works even if the underlying claim is void: 1192, 1199. Realisation: 1147 bgb no court order needed. 3:21 - priority of hypothec depends on the date of registration in the public register. 3: 268 no court order needed, only notary. The rechargeable hypothec is semi- autonomous from the claim, it is possible to recharge the hypothec with other claims. 2425 priority of hypothec depends on the date of registration in the public register. 2458 prohibition of self-help, must be done through courts. 2333 definition of pledge, the debt may be actual or future and determinable. 2421 mortgages may be granted for future claims, 2347+2348 creditor is obliged to make restitution on surplus value.
